RAVI SHARMA Vs. BHUPINDER DUTT SHARMA

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, the petitioner assails order passed by Commissioner Employee's Compensation, Court No.2, Shimla in Claim Application No. 3/2 of 2015 decided on 26/2/2018, vide which application filed by claimants therein under Sec. 22 of the Employee's Compensation Act, 1923 (in short 'the Act') as amended upto date read with Rule 20 of the Workmen's Compensation Rules, 1924 stood partially allowed in the following terms:-

(2.) Said order passed under Sec. 22 of the Act though is appealable under Sec. 30 thereof, yet the petitioner has chosen to assail the said order under Article 227 of the Constitution of India.

(3.) On being asked as to how the petition is maintainable, as there was a statutory remedy available against the order impugned before this Court itself, the answer of learned counsel for the petitioner is that as the judgment passed by the Authority below is not inconsonance with the law laid down by Hon'ble Supreme Court in Firdaus Versus Oriental Insurance co. Ltd. and others, 2018 (Vol.1) Him L.R. (SC) 29, therefore, as the same is a perverse order, it can directly be challenged under Article 227 of the Constitution of India before this Court in view of the law laid down by Hon'ble Supreme Court in Ajay Singh and another Vs. State of Chhattisgarh and another (2017) 3 Supreme Court Cases 330.