UNITED INDIA INSURANCE Vs. ASSISTANT COMMISSIONER LABOUR

JUDGEMENT

(1.) Heard. In this petition award dated October 30, 2002 passed by Commissioner under Workmens Compensation Act (Assistant Commissioner Pulwama) in proceedings file No. I/C/98 is challenged to the extent of award of interest and imposition of penalty. Mr. Khuroo concedes that there is alternative remedy of appeal available against the impugned order before the proper forum. Though existence of alternative remedy does not bar the jurisdiction of the writ Court to entertain the writ petition but having regard to the facts and circumstances of this case, the petitioner having an alternative remedy is left to pursue, the remedy of appeal under law, as an efficacious equitable relief available to him. Mr. Khuroo however, submits that the appeal is time barred. Section 30 of the Workmens Compensation Act extends the provisions of Section 5 of the Limitation Act to an appeal under the Act. Mr. Khuroo is free to take up the plea sought for extension of time period beyond statutory period before the appellate forum.

(2.) In Union Construction Co. v. Chief Engineer Eastern Command, Lucknow AIR 1960 All 73 it is observed:

(3.) In the view taken as above the writ petition is accordingly dismissed at threshold leaving it open to Mr. Khuroo to pursue alternative remedy of appeal.