SATYESHWAR ROY, J.

1. By this application under Arts.226 and 227 of the Constitution of India the petitioners, a partnership firm, has prayed for quashing Annexure-3, order dated 10-1-1981 passed by respondent No. 2 by which it has held that the application filed on behalf of respondent No. 1 under the Workmens Compensation Act (the W.C. Act) was maintainable.

2. Balkishan Vyas, a workman of the petitioners died of an accident in course of his employment on 19-4-1978 while he was travelling by a scooter belonging to the petitioners on the Khunti-Ranchi Road. An application was filed by respondent No. 1, the widow, before the Tribunal constituted under the Motor Vehicles Act (the M.V. Act) for compensation for the death of her husband. This was registered as M.J.C. No. 180 of 1979 in the Court of the Judicial Commissioner, Ranchi. While this application was pending respondent No. 1 filed an application before the Deputy Commissioner under the W.C. Act who referred the matter to the Labour Court and the same was registered as W.C. No. 9 of 1980. In the later case an objection was taken by the petitioners that in view of the fact that respondent No. 1 has already filed an appl