Pat HC | Employer’s petition challenging Labour Court’s compensation awarded to employee not maintainable, where alternative statutory remedy not exhausted

Patna High Court: The Bench of Shivaji Pandey, J. dismissed a writ petition filed by an employer, challenging the amount of compensation directed to be paid to its employee by the Labour Court, on the ground that the petitioner had not exhausted the alternative statutory remedy.

The instant petition was filed is challenging the order passed by the Presiding Officer of Bhagalpur Labour Court whereby and whereunder petitioner’s employee was awarded a compensation of around Rs 4.72 lakhs. Additionally, it was also ordered that if the said amount was not paid to the concerned employee within a period of thirty days, it would carry a simple interest of 12 percent on the principal amount of around Rs 2,03,771.

The Court noted that Section 30 of the Employee’s Compensation Act, 1923 has a provision of appeal. But instead of exhausting the alternative remedy of appeal, the present petition was filed directly before this Court. In view thereof, the petition was held to be not maintainable.

Accordingly, the petition was dismissed with a liberty to the petitioner to file an appeal as provided under Section 30 of the Employee’s Compensation Act.[Frontline (NCR) Business Solutions (P) Ltd. v. Anita Devi, 2019 SCC OnLine Pat 564, Order dated 19-04-2019]

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