1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.5461/2008. Ghanshyam. VERSUS Workmen's Compensation Commissioner, Jaipur and Others. 08.07.2008. HON'BLE MR.JUSTICE DALIP SINGH Mr.R.K.Kala, for the petitioner. ***** The petitioner has challenged the order dated 19.04.2008 whereby the learned Workmen Compensation Commissioner allowed the claim filed by the respondents-claimants. I am of the view that against the award passed by the learned Commissioner statutory right of appeal is available to the petitioner under Section 30 of the Workmen's Compensation Act, 1923 and the petitioner cannot be permitted to raise the objections before this court with regard to the maintainability of the claim before the Workmen's Compensation Commissioner in the writ jurisdiction when alternative remedy of appeal is available. No doubt this court in the case of Onkari Devi Vs. Authority appointed under the Payment of Wages Act and Others reported in 1990(1) RLR 649 has held that a writ petition is maintainable. Nonetheless, keeping in view of the provisions of third proviso to the Section 30 of the Workmen's Compensation Act, 1923 which requires pre-deposit of the amount for preferring the appeal, the petitioner cannot be 2 permitted to circumvent the same by preferring this writ petition and challenging the judgment passed by the learned Workmen Compensation Commissioner. This aspect of the matter was not considered in the above judgment and hence the same is distinguishable. In view of the above, this writ petition stands disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.