IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.985 of 2009 1. ORIENTAL INSURANCE COMPANY LTD, BEGUSARAI 2. ORIENTAL INSURANCE COMPANY LTD, BIRBIL, ORISSA BOTH THROUGH SRI B.MALLIK, REGIONA MANAGER CUM DULY CONSTITUTED ATTORNEY. THE ORIGINAL INSURANCE COMPANY LTD. REGIONAL OFFICE PIRMOHANI, P.O. AND P.S. KADAM KUAN PATNA…………(PETITIONER)…………………………….APPELLANTS Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY BIHAR, PATNA……. (RESPONDENT NO.1) 2. DY. LABOUR COMMISSIONER CUM COMMISSIONER WORKMEN COMPENSATION, MUNGER DIVISION, BEGUSARAI………(RESPONDENT NO.2) 3. MOST MAJMAN KHATOON WIFE OF LATE MD. SIKANDAR, RESIDENT OF VILLAGE-RAMPUR, P.O. AND P.S. MATIHANI, DISTT- BEGUSARAI……(RESPONDENT NO.3) 4. M/S SHREE METTALIC LTD. LOTHRA PARA RAGHUDIH P.S. BARBIL, DISTT-KYOJHAR, ORISSA…….(RESPONDENT NO.4) 5. MS ASHBIR SINGH QUARTER NO.55/2/1 AT AND P.O. CHHOTA GOVINDPUR, JAMSHEDPUR, JHARKHAND………(RESPONDENT NO.5)………………………………………………………RESPONDENTS. ----------- 5. 15-Mar-2010 Heard learned counsel for the appellant and learned counsel for the State. 2. The writ Court has noticed that against the order of the Deputy Labour Commissioner-cum-Commissioner Worksmen’s Compensation, Munger Division, Begusarai granting compensation to the tune of Rs. 3,94,776/- to respondent no.3, there is provision for statutory appeal as per Section 30 of the Workmen’s Compensation Act, 1923. The writ Court took the view that even if the order of the Deputy 2 Labour Commissioner is sought to be challenged on the issue of jurisdiction, such issue can be considered and decided in the appeal provided under the Act. The writ Court also came to a conclusion that the writ petition cannot be permitted in such matters so as to avoid the statutory time limit prescribed for filing appeals. 3. We find no illegality or error in the views taken by the writ Court and hence this appeal is dismissed. 4. At this Stage, learned counsel for the appellant insurance company submits that the appellant may be granted liberty that if so advised, it may prefer statutory appeal before this Court along with explanation for delay, if any. 5. Considering all the facts and circumstances, the liberty sought for is granted. Order passed by the writ Court or by us in this appeal shall not prejudice the case of either of the parties if a statutory appeal is preferred by the petitioners. perwez (Shiva Kirti Singh, J.) (Gopal Prasad, J.)