J.C.S. Rawat, J. - (1.) The writ petition has been filed to quash the order dated 17.6.2008 (Annexure-2) passed by the Commissioner, Workmen Compensation, Hazaribagh in W.C. No. 70 of 2006, holding the petitioner liable to pay the compensation to respondent No. 2.
(2.) The main point for the consideration before this Court is that whether the petitioner having a statutory remedy under Section 30 of the Act can avail the remedy of the writ petition.
(3.) Section 30 of the Workmen's Compensation Act, 1923 clearly provides that: "30. Appeals-(l) An appeal shall lie to the High Court from the following orders of a Commissioner, namely : (a) an order awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in part for a lump sum; (b) an order refusing to allow redemption of a half-monthly payment; (c) an order providing for the distribution of compensation among the dependants of a deceased workman, or disallowing any claim of a person alleging himself to be such dependant; (d) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of Section 12; or (e) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions : Provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal, and in the case of an order other than an order such as is referred to in Clause (b). unless the amount in dispute in the appeal is not less than three hundred rupees: Provided further that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the Commissioner, or in which the order of the Commissioner gives effect to an agreement come to by the parties : Provided further that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against. (2) The period of limitation for an appeal under this section shall be sixty days. (3) The provisions of Section 5 of 31 the Limitation Act, 1963 (36 of 1963), shall be applicable to appeals under this section.";