^fn !v. R.EM&* :1^'^^.^ ^.•'u'l';^'"' ^ ^ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (CHHATTISGARH) WRITPETITION(L)NO.<-1^2- /2010. PETITIONER: >Uo""y Smt. F'unni Bai, aged about 28 years, wife of Shiv Kamar, caste Suryavanshi, residence ofVed Parsad, Tahsil Masturi, Post Tikari, District Bilaspur, Chhattisgarh versus Respondents 1. Coinrmssioner, Workmen's Compensadon, Labour Court, Bilaspur, Chhattisgarh. ^A^ ^:.^y ^yy ^y f ^ <!^- / ^ 2. Executive Enguieer, (sa/sa Sambhag), Chhattisgarh State Electa-icity Board now Chhattisgarh State Electricity Distribution Coinpany, Champa, District Janjgir-Champa, Chhattisgarh. 3. Manju Ratre, son ofLate Bhagwat Prasad, aged about 18 years, residence of village Madai, Post Khamhariya, Tahsil Masturi (Seepat), District Bilaspur, Chhattisgarh. ''fc''^ "".^^'^ '•Yfc%T&e^^ 4. Panch Kuinari, aged about 16 years, daughter of Bhagwat Prasad, caste Suryavanshi, Minor, Through Elder brother Manju Kumar Ratre, residence of Madai, Tahsil Seepat, District Bilaspur, Chhattisgarh. ^- 5. Smt. Urmila Bai, aged about 35 years, wife of Late Bhagwat Prasad. , 6. Ku.Manisha, aged about 15 years, daughter of Late Bhagwat Prasad. 7; Suraj Kuinar, 13 years, son ofLate Bhagwat Prasad. ^ 8. Ku.Shalu, aged about 12 years, daughter of Late Bhagwat Prasad. ^9. Ku.Shalini, aged about 11 years, daughter of Late Bhagwat Prasad. / 10. Ravi Kumar, aged about 10 years, son of Late Bhagwat Prasad. ^ 11. Omkar Kumar, aged about 9 years, son of Late Bhagwat Prasad. 12. Ku.Jyoti, aged about 5 years, daughter of Late Bhagwat Prasad. 13. Hema, aged about 3 years, daughter of Late Bhagwat Prasad. 14. Om Prakash, aged about 1 year, son of Late Bhagwat Prasad. Respondent no(5)to lC3'5minor, Through Natural Guardian (Mother), Sint.Uniula bai, wtfe of Late Bhagwat Prasad. All belongs to caste Suiyavanshi, residence ofvillage Kasuandi, Tahsil Janjgir, District Janjgir-Champa, Chhattisgarh. WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA ^ sn^v w ft-fi'* 'craT 3ffT^?T ^iljicti Tumane ~s^ "MNici^, ^tfly'i'o, fsi^iyy .V^..^...^.L.IK^.:.^O.C(ZZ.I^ 3ff^\ Traq7 (l?f^'<li,'Ef) TOiiw^fesn^ii SB : Hon'ble Shri Manindra Mohah Shrivastava, J, Bila^pur 02-08^010 Shri C. Jayant K. Rao, couns Ms. Sangeeta Mishra, Panj copy- Heard. By this petition, the petition^r of order dated 24-06-2010 pass^d Compensation/Labour Court, rejeoted the petitioner's claim for gt members of the family. Learned counsel for the entitled to be treated and classified | Suryawanshi and entitled to other dependants/respondents No.; There exists an alternative under Section 30 of the Workmen'sl ground raised in this petition Article 226/227 of the Constitution alternative remecty provided under l^ie .tecordingly, this petition is to file an appeal against the orc|er Commissioner, Workmen's Comper|isat jnd warrfents (tf <»il*<I^l4)T1TIWlf ^f ^st ^R^K '^3ffilH3D^?I for the petitioner. Lawyer for the State on advance has assailed the legality and validity by the Commissioner, Workmen's r, whereby the Commissioner has ant of compensation along with other p^titioner submits that the petitioner is |as dependant of Late Bhagwat Prasad compefisation in appropriate share along with ;to14. efficacious remedy of filing appeal Compensation Act, 1923. None ofthe interference by this Court under India, without insisting on exhausting law. c|jsmjssed givjng liberty to the petitioner orcjer dated 24-06-2010 passed by the ;omper|isation, Labour Court, Bilaspur. Sd/- Manindra Mohan Shrivastava Judge rf &