PIARA SINGH Vs. COMMISSIONER, WORKMEN COMPENSATION AND ANR.

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution was admitted to a Division, Bench as the Motion Bench doubted the correctness of the Single Bench decision in Shri Baru Ram v. The Labour Officer, 1983 P.L.R. 317.

(2.) RESPONDENT No. 2 was awarded a sum of Rs. 5,643.20 under the Workmen's Compensation Act (hereinafter called the Act) for the injuries received, by him while working on the toka as employee of the Petitioner The Petitioner has challenged the said order through this petition, Admittedly there is a right of appeal against the' impugned order under the Act but the payment of the compensation awarded is a condition precedent for the entertainment of appeal. The learned Counsel for the Petitioner relying on the following observations in Baru Ram's case (supra) contended that as the deposit of the compensation amount was a condition precedent, the remedy of appeal cannot be said to be an adequate alternative remedy:

(3.) AS in the present case no exceptional circumstance has been shown apart from the fact that the compensation awarded has to be deposited before the appeal can be maintained, we find no reason to entertain this petition which is accordingly dismissed with costs and the Petitioner is relegated to the ordinary remedy under the Act.