Writ petition cannot be maintained as per specific provisions of the Act.

P. Sathasivam, J.

The writ petition is directed against the award of the first respondent - Deputy Commissioner for Workmen's Compensation, Palayamkottai in W.C. No. 83 of 1991 dated 21.5.1992, wherein the authority has passed an award for Rs. 34, 445 as compensation in favour of the workman second respondent herein.

The petitioner is the owner of a cinema theatre, which was under construction. The second respondent herein workman, employed by the petitioner for construction of the cinema theatre, sustained injuries during the course of his employment on 22.2.1989. According to the second respondent, he had taken treatment nearly for 2 1/2 months i.e., from 22.2.1989 to 3.4.1989. He was aged 50 years at the time of accident. He was earning Rs. 1, 800 per month. For the injuries sustained in the course of employment, the second respondent made an application in W.C. No. 83 of 1991 before the Deputy Commissioner for Workmen's Compensation, Palayamkottai - first respondent herein, claiming compensation amount of Rs. 78, 235.00.

The said application was resisted by the respondent therein-petitioner herein.

When the matter was called on 26.3.1992, 1.4.1992, 20.4.1992 and 4.5.1992, the respondent therein did not appear before the said authority and failed to put forth his case.

On the other hand, before the first respondent, the second respondent-workman was examined as W.W.I. and produced wound certificates, x-ray, medical certificate, First Information Report and final report by the police as Exs. P-1 to P-4 respectively.

In the light of the evidence let in by the workman and in the absence of any other contra evidence on the side of the employer, after accepting the case of the workman, Deputy Commissioner passed an award for Rs. 34, 445.00 directed the employer to deposit the said amount within 90 days from the date of receipt of the said order. This is clear from the order of the first respondent dated 21.5.1992. Against the said order, the employer preferred the present writ petition.Heard the learned counsel for the petitioner as well as for the respondents.

The only point for consideration in this writ petition is, whether the writ petition against the award of the Deputy Commissioner, Workmen's Compensation is maintainable, more particularly in view of Sec. 30 of the Workmen's Compensation Act, 1923 ?

I have already referred to the fact that, though the petitioner-employer filed a counter-statement in the claim made by the workman in W.C. No. 83 of 1991, did not contest the same at the subsequent dates. Based on the workman's oral and documentary evidence, the authority has passed the impugned award granting compensation. Sec. 30 of the Workmen's Compensation Act (in short "the Act") enables the aggrieved person to file an appeal to this Court. It is relevant to note Sec. 30 of the Act.

"30. Appeals : (1) An appeal shall lie to the High Court from the following orders of a Commissioner, namely :

(a) an order as awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in part for a lump sum.

(aa) an order awarding interest or penalty under Sec. 4-A;

(b) an order refusing to allow redemption of a half-monthly payment;

(c) an order providing for the distribution of compensation among the defendants of a deceased workman, or disallowing any claim of a person alleging himself to be such dependent;

(d) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of Sub-sec. (2) of Sec. 12; or

(e) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions :

Provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal, and in the case of an order other than an order such as is referred to in clause (b), unless the amount in dispute in the appeal is not less than three hundred rupees