EMERALD INDUSTRIED LTD Vs. GANGA

JUDGEMENT

(1.) By filing this petition under Article 227 of Constitution petitioner has prayed for following reliefs:

(2.) Learned Court below has rejected the same by the impugned order. Shri Katare submits that he cannot be relegated to avail the alternative remedy available under Section 30 of Workmen's Compensation Act, 1923 (the Act). He submits that alternative remedy is not bar for exercise of writ jurisdiction. In addition, he relied on {Ved Prakash Garg Vs. Premi Devi and others, 1997 AIR(SC) 3854}, {Amar Singh and others Vs. Pooran and others, 2007 2 MPLJ 215}, {Om Prakash Marwaha Vs. Jagdish Lal Marwaha, 2009 2 MPLJ 42}, {State of M.P. and others Vs. Ram Prakash Sharma and others, 1989 JabLJ 36} and {Jagan Singh Vs. Brij Lal and others, 1966 AIR(SC) 1631} to submit that such error can be corrected in the present jurisdiction.

(3.) Shri R.V. Sharma relied on certain provisions of the Act and rules and supported the order.