<-^isl'1t ./y^^ r i H '-VS.ii s « «- !,. f S '%^vyy ''•^M^ 1'!,^"^' ^r ^^ Pratap Traders, Subhash Chowk, Supela, Bhi!ai (C.G.) through Shri Nagendra Kumar Mishra Proprietor. State -of Chhattisgarh, through Secretary Labour, D.K.S. 2. 3. Mantralava, Raiour (C.G.' Smt. Nirmala Bai, Wd/o Shri Puneet Ram Ku. Kavlta, D/o iate Shri Puneetram, aged 3 years, minor, through her mother & natural guardian Smt. Nirmala Bai. Both C/o Kanaiya Lal Slnha Mathpara, ward no.29, Rajnandgaon (C.i {C.G.'l 4 The Presiding Officer, Labour Court Rajnandgaon, Exercising the pov/ers of Commissioner for Vtforkmen Compensation, Rajnandgaon (C.G.) The Tehsiidar, Durg Tehsi!, District Durg (C.G.) Wrjt Detition under Article 226/227 of the Constitution of Shri Pradeep'Saxena, learned counsel forthe pet'tioner. Shri N.K. Agrawai, learned Deputy Advocate General for respondsnts No. 1 & 5. Shri Pankaj Agrawal, Searned counsel for respondents N6. 2 & 3. %^^ 9 A1' A) ^~s"''-<:5^'''' ^S-i (.•.•'•'•• (1st August, 200! 'he foliowing order of the Court was sjeev G Heard learned counsel for the partjps. 2. The petltioner has filed this writ petition for the following reiiers: " In view of the submissions made above it is most respectfully prayed that my lords may kindiy be pleased to issue an appropriate writ in the nature of certiorari and/or mandamus or any other writ order or direction : i) Calling for the records of the following cases from the Presiding Officer Labour Court Rajnandgaon viz.: IQyVVC. Act (F)/02. 73AA/C Act (M)/02 and 29M/C Acfc?2003 (Misc.) and the record of the Tehsiidar Respondent No.5 ii) quash the orders of the Ld. Respondent No.4 being Annexure PA/ and P/IX iii) quash the Recovery notice Dated 18-07-03 and iv) grant any other reliefthat my Lords deem fit." 3. The petitioner, thus, in substance is seeking quashing of the orders passed by respondent No.4 - Presiding Officer, Labour Court, Rajnandgaon, Annexure P/5 dated 19-05-2003 & Annexure P/9 dated 24-07-2003 in the execution proceedinas arising out of the award passed by the Commlssioner for Workmen Compensation, datea' 25-10-2002 in case No.lO/BAA/CAct (F)/02, whereby the petitioner was directed to pay the sum of Rs.2,01 ,747/- along with interest as compensation to respondents No. 2 & 3. '•: ^.T?^* •ir- ••J^-^Sc. •) ^ 9 ..fy sgs 4. Shri Pradeep Saxena, learhed counsel for the petitioner does not dispute that the petitioner has filed an appeal under Section 30 of the Workmen Compensation Act against the award dated 25-10-2002, which came to be reaistered as ^4.A. No.30/2003 and is pending for consideration before the High Court. 5. As the petitioner has already filed an appeal against the award dated 25-10-2002, passed by the Commissioner for Vrforkmen Compensation, which is pending for hearing before this Court and the petitioner can raise a!l the objections/grounds taken in this writ petition, in the said appeal, it is quite unnecessary to keep this writ petition pending, whlch in our opinion is not maintainable. 6. The vvrit petition, therefore, is liabte to be dismissed and is hereby dismlssed. 7. CQnsequently, interim order dated 12-09-2003 and extended vide order dated 13-10-2003 stands vacated automatically. Sd/- chief Justice Sd/- s""i'Kun,arS,nh, Judge mnuni