Ram Surat Ram (Maurya), J. - (1.) Heard Sri Ashish Agrawal, for the petitioners and Standing Counsel for the respondents.
(2.) The writ petition has been filed for quashing the award of the Commissioner (Employee's Compensation Act, 1923), dated 17.11.2017 passed in Case E.C.A. No. 13 of 2013, allowing the application for compensation filed by heirs of Sukhlal (allegedly employed as 'Security Guard', by the petitioners and died on duty on 26.12.2012) and granting compensation of Rs. 4,17,904/- and Notification of State of U.P., Labour Section-3, No.704/Chhattis-03-2014, Lucknow dated 09.07.2014, appointing among others, Deputy Labour Commissioner, who have completed five years service, as 'Commissioner' under Section 20 of Employee's Compensation Act, 1923 (hereinafter referred to as the Act).
(3.) Although remedy of an appeal under Section 30 of the Act, is available to the petitioners, but by challenging notification dated 09.07.2014, the petitioners have filed writ petition, instead of appeal as for filing an appeal, deposit of entire amount of award is a condition precedent. Earlier a vague arguments has been raised by the counsel for the petitioners that Sri Madhur Singh, the Presiding Officer, who passed impugned award was not having LL.B. degree as such for performing a judicial work under the Act, his appointment as Commissioner was illegal. As there was no pleading in this respect, in writ petition nor this issue with specific pleading was raised before Commissioner as such this Court by order dated 24.01.2018, directed the petitioners to file a Supplementary Affidavit, clearly stating about the educational qualification of Sri Madhur Singh. The petitioners filed a Supplementary Affidavit, in which, it has been stated that Sri Madhur Singh is M. Sc., LL.B. But again a vague plea has been raised without giving any details, that he was working as Deputy Labour Commissioner, since 2013 and had never worked as an Advocate. At the time of passing the award dated 17.11.2017, he had not completed five years service as such his authorization to discharge the functions of Commissioner under the Act was illegal.;