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1988 Supreme(Raj) 279

High Court Of Rajasthan
Judgename : S.N. Bhargava, P.C. Jain
Krishna Lime Works - Appellant
Versus
Presiding Officer - Respondent
D.B. Civil Writ Petition No. 2286 of 1988
Decided On : 09/21/1988

Advocates:
Appearance :
R.K. Kala, for the Appellant

Headnote:

Mandamus - Workmen's Compensation - Workmen's Compensation Act - Section 30 - Summary of the acts and sections referenced and discussed by the court: The court discussed the scope of judicial remedies provided under Article 226 of the Constitution, the principles of mandamus, certiorari, and the discretionary nature of the remedy under Article 226. The court also examined the adequacy of alternative remedies and the circumstances under which the remedy available may be taken to be adequate or not. The court referred to various cases to determine the adequacy of alternative remedies and the conditions under which the right to appeal can be circumscribed by the conditions in the grant.

Fact of the Case:

The petitioner, M/s. Krishna Lime Works, Chaksu, sought a writ of mandamus or certiorari to quash the order passed by the Workmen’s Compensation Commissioner, Jaipur in a compensation claim case. The petitioner challenged the order on various grounds, including the availability of an alternative remedy of appeal under Section 30 of the Workmen’s Compensation Act.

Finding of the Court:

The court found that the writ petition was not maintainable on the ground that an alternative remedy of an appeal under Section 30 of the Workmen’s Compensation Act was available to the petitioner. The court discussed the scope of judicial remedies provided under Article 226 of the Constitution and the principles of mandamus, certiorari, and the discretionary nature of the remedy under Article 226.

Issues: The issues included the availability and adequacy of alternative remedies, the circumstances under which the remedy available may be taken to be adequate or not, and the conditions under which the right to appeal can be circumscribed by the conditions in the grant.

Ratio Decidendi: The court held that the existence of an alternative remedy does not per se operate as an absolute bar to the exercise of jurisdiction under Article 226 of the Constitution. The court also discussed the circumstances under which the failure to resort to statutory remedies could not be treated as precluding a party from asking for a writ.

Final Decision: The court concluded that the writ petition was not maintainable on the ground that an alternative remedy of an appeal under Section 30 of the Workmen’s Compensation Act was available to the petitioner.

P.C. Jain, J.-In this writ petition, the petitioner has prayed for issuance of a writ of mandamus or a writ of certiorari quashing the order dated 25th May, 1988, passed by the Workmen’s Compensation Commissioner, Jaipur in Case No. W.C.C.F.6/85, wherein Koili, Munni, Lalli and Keshar have filed a compensation claim against Kanhaiya Lal son of Murlidhar in the Court of Workmen’s Compensation Commissioner, Jaipur.

2. Briefly stated, the facts of the case are that the petitioner M/s. Krishna Lime Works, Chaksu is running an establishment for manufacturing of lime, situated at Kotkhawada Road, Malorai Ki Bagichi, Chaksu, of which Kanhaiya Lal is the sole proprietor. The case of the non-petitioners before the Workmen’s Compensation Commissioner against M/s. Krishna Lime Works, Chaksu was that deceased Gaindilal was a workman in the petitioner’s establishment. He was drawing wages of Rs. 600/-p.m. and during the course of employment he died. The claim was filed by the respondents who are said to be the dependants of deceased Gaindilal in form ‘G’ under Rule 20 of the Workmen’s Compensation Rules before the Commissioner for Compensation. The petitioner filed a reply to the claim petition. Both the parties produced their evidence in support of their case. The Workmen’s Compensation Commissioner by his order dated 25th May, 1988, awarded a sum of Rs. 52,058.40 as compensation to the respondents. In the impugned order, the Workmen’s Compensation Commissioner has recorded a finding that the deceased was a workman and he died in an accident arising out of and in the course of employment. The learned Commissioner also recorded a finding that at the time of his death the deceased, Gaindilal, was drawing a salary of Rs. 600/-per month. The deceased died on 30th November, 1984. Deceased Gaindilal died on account of exhaustion due to carbon monoxide gas while he was at the site and where he fell in limekiln.

3. The petitioner has filed this writ petition under Article 226 of the Constitution of India, praying for inssuance of a writ of mandamus or a writ of certiorari to quash the impugned order dated 25th May, 1988, passed by respondent No. 1. The case was fixed for admission on 30th August, 1988. The petitioner has challenged the impugned order of the Commissioner, dated 25th May, 1988, on various grounds. We do not want to go into the various grounds, which the petitioner has taken in the writ petition as in our opinion the writ petition is not maintainable on the ground that an alternative remedy of an appeal under Section 30 of the Workmen’s Compensation Act (hereinafter referred to as ‘the Act’) is available to the petitioner. Mr.R.K. Kala, learned Counsel for the petitioner, has vehemently submitted that an alternative remedy available to the petitioner under Section 30 of the Act is not an adequate alternative remedy as in the event of filing an appeal, it is incumbent upon the petitioner to deposit the amount of compensation awarded to the non- petitioner Nos. 2 to 5. Mr. Kala has placed reliance on Barn Ram vs. Labour Officer, Sonepat, 1985 ACJ 147(P&H), which in turn takes support from Hinimatlal Harilal Mehta vs. State of Madhya Pradesh, (AIR) 1954 SC 403.

4. Before examining the merits of the contentions raised by Mr.Kala, learned cousel for the petitioner, we would like to discuss, in short, the scope ofjudicial remedies provided under Article 226 of the Constitution. Article 226 stipulates issuance of writs for enforcement of fundamental rights, or for any other purpose. Principally the judicial remedies which are generally made use of against acts, orders or awards of the authorities administering law, are the directions, orders or writs in the nature of certiorari, prohibition, mandamus and quo warranto. Habeas corpus is also one of the remedies under Article 226. However, it is designed to offer immediate relief from illegal confinement or restraint and used for negation of right to personal liberty. Mandamus can be issued t




























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