UTTARAKHAND TRANSPORT CORPORATION Vs. SAVITA

JUDGEMENT

(1.) AN application has been filed by the respondent nos. 1 to 4, who are the dependants of the deceased workman for whom the award has been passed under the Workmen's Compensation Act, 1923. The employer/Uttarakhand Transport Corporation has filed the present writ petition challenging the award of the Workman Compensation Commissioner/Labour Court, Haridwar. Learned counsel for the respondent nos. 1 to 4 Mr. Pankaj Miglani has drawn the attention of this Court that under Section 30 of the Workmen's Compensation Act, 1923 writ petition is not maintainable. Section 30 of the Workmen's Compensation Act, 1923 reads as under: -

(2.) IN view of the aforesaid provision an appeal shall lie against the order of the Commissioner before the High Court. The learned counsel for the petitioner admits this legal position and prays for withdrawal of the writ petition.

(3.) IN view thereof, the writ petition is dismissed as withdrawn with a liberty to the petitioner to file an appeal under Section 30 of the Workmen's Compensation Act, 1923 subject to delay condonation application.