IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.280 of 2008 IN (CIVIL WRIT JURISDICTION CASE 4174/2001) ======================================================= ==== Most.Ram Sundari Devi aged about 50 years, wife of Late Sone Lal @ Sonilal, resident of village Kajipur (Dumri) P.S.-Simri, District- Buxar .... .... Respondent/Appellant/s Versus 01. The Bihar State Electricity Board Patna, through its Chairman, Vidyut Bhawan, Bailey Road, Patna-1 02. The General Manager-cum-Chief Manager, Central Area Electricity Board, Patna 03. The State of Bihar through the Secretary, Bihar Labour Employment, New Secretariat, Patna 04. The Deputy Labour Commissioner-cum-Commissioner Workmens Compensaion, Bailey Road, Patna .... .... Petitioners/Respondents ======================================================= ==== Appearance : For the Appellant/s : Mr. AJOY KR.CHAKRABORTY Mr. Prabhat Kumar (Roy) Mr. Krishna Murari Rawt For the Respondent/s : Mr. (SC20) Mr. Dharmeshwar Mishra Mr. Vinay Kirti Singh Mr. V.N.Sahay Mr. Arun Srivastava Mr. Abha Kumari For the State : Mr. Shashi Shekhar, AC to SC9 ======================================================= ==== CORAM: HONOURABLE JUSTICE SMT. T. MEENA KUMARI and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR JUSTICE AHSANUDDIN AMANULLAH) 2 Heard learned counsel for the appellant as well as learned counsel appearing for the respondent Bihar State Electricity Board. This Letters Patent Appeal has been filed against the order dated 7.3.2008 passed in C.W.J.C. No. 4174 of 2001 (Bihar State Electricity Board & Another Versus The State of Bihar & Others) along with another analogous cases. The respondents in the present Appeal has filed their representations against the order of the Deputy Labour Commissioner-Cum- Commissioner under the Workmens Compensation Act which had awarded fine as well as payment of interest against the employer along with allowing the prayer for compensation to the appellant. After hearing the parties, the writ petition came to be disposed off by which the matter was remitted to the Deputy Labour Commissioner for fresh hearing holding that the Bihar State Electricity Board had not been given adequate opportunity to place its case. Being aggrieved by the said order the appellant has filed the present Letters Patent Appeal and it is urged by learned counsel for the appellant that there was a statutory remedy of Appeal under Section 30 of the Workmens Compensation Act, but 3 the same was not availed and the respondents filed the representation with oblique motive in as much as they wanted to circumvent the statutory provision with regard to deposition of certain amount of the award while filing of the Appeal. He also points out that by order dated 21.10.2008, this Court while admitting the Appeal had taken note of such submission and had found substance in the same. After hearing the parties, we are inclined to accept the submission of learned counsel for the appellant in as much as the respondent Bihar State Electricity Board ought to have filed the statutory appeal under Section 30 of the Workmens Compensation Act and at the first instance, ought not to have moved before this Court under writ jurisdiction. Considering the facts and circumstances of the case, this Appeal is allowed and the order of the learned Single Judge is set aside. However liberty is given to the Bihar State Electricity Board to move in Appeal under Section 30 of the Workmens Compensation Act in accordance with law. If there is any statutory limitation for the same, the Board may file an adequate application for condonation of delay in which it may take various grounds including the 4 fact that the case was pending before this Court for a long time. Patna High Court, Dated 27.07.2011 N.A.F.R./ P.K. (T. Meena Kumari, J.) (Ahsanuddin Amanullah, J)