CW 560/95 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.560/95 Mayur Laminators Versus Ghasi & Ors. DATE OF ORDER : 18/03/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Vijay Singh for Mr. Paras Kuhad, for petitioner None present for respondents *** On 10th December, 2007, this court observed that order impugned in the instant petition passed by Prescribed Authority under Workmens' Compensation Act, 1923, is appealable and counsel sought time to examine the same. Counsel for petitioner submits that since the order impugned passed under Workmens' Compensation Act was an ex-parte order and review filed has also been dismissed on 28th September, 1994 [Ann.8] and since the order was wholly without jurisdiction, as such, the only remedy lies with petitioner in the facts of the instant case to approach this court under Article 226 of the Constitution. The order, which was passed awarding compensation under Workmens' Compensation Act, 1923, is appealable and appeal u/s.30 of the Act to be preferred within 60 days and the memo of appeal is to be accompanied by a certificate to the effect that appellant has deposited with Commissioner the amount payable under the order appealed against. Even while rejecting review CW 560/95 [2] petition filed by petitioner, the Prescribed Authority in its order dated 28th September, 1994 specifically observed that appeal u/s.30 of the Act, 1923 is provided and despite the order of September, 1994, the petitioner has not availed their statutory right of appeal and obviously has not complied with proviso to Section 30 where the employer has to deposit with the Prescribed Authority i.e. Commissioner the amount payable under the order appealed against. Submissions have been made on merits assailing order of the Prescribed Authority. However, all such objections could be considered in appeal also. But, since the writ petition itself is not maintainable, this court does not consider appropriate to examine and appreciate the submissions made on merits in the instant petition. In view of statutory appeal u/s.30 of the Act available to petitioner, this court is of the considered opinion that the writ petition in the facts of instant case is not maintainable and accordingly, dismissed. [AJAY RASTOGI], J. FRBOHRA560CW1995 18-3.doc