RAVJIBHAI CHHOTUBHAI PATEL Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) BY this writ petition the petitioner is impugning the legality and correctness of the order dated 5-2-1990 passed by the Commissioner under the Workmens Compensation Act (Labour Court) Bhandara (for short the Workmens Compensation Commissioner ). By the order dated 5-2-1990 the Workmens Compensation Commissioner modified the order passed by him on 13-3-1989 since in the operative part of the order, according to the Workmens Compensation Commissioner, some error crept in and the operative order was inconsistent with the finding given in the order dated 13-3-1989 by the Workmens Compensation Commissioner.

(2.) THE only ground of challenge in this writ petition is that the Workmens Compensation Commissioner had no jurisdiction to review the order passed by him on 13-3-1989 and, therefore, the order dated 5-2-1990 impugned in the present writ petition is liable to be set aside.

(3.) SHRI T. C. Jain, the learned Counsel for the respondent No. 1 urged that the petitioner has filed Regular Civil Suit No. 93 of 1990, challenging the order passed by the Workmens Compensation Commissioner. Shri Jain further urged that in the said suit, the petitioner also made an application for grant of temporary injunction, which was rejected, and an appeal was filed. The appeal was also dismissed and thereafter the present writ petition was been filed.