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TMI Blog2012 (11) TMI 738X X X X Extracts X X X X X X X X Extracts X X X X ..... gnite Corporation aggrieved by the communication sent by the Deputy Commissioner for Labour, Labour II, Chennai-6 (wrongly shown as Assistant Commissioner of Labour II in the cause title) dated 16.03.2004 directing the petitioner to deposit a sum of Rs.4,25,475/- by issuing a cheque drawn in favour of the Commissioner within 30 days, failing which appropriate interest will be levied on delayed payment has come before this Court. 2. In the communication dated 16.03.2004, which was impugned in the writ petition, it is stated that one Chellapandian, who was engaged for the construction of water treatment plant by the Neyveli Lignite Corporation capable of producing 60 million liters per day died in the course of accident arising out of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner has a three-in-one role viz., that of an investigator, an adjudicator and an executor for enforcing his own orders. 6. In the present case, though it was contended that the impugned order is a final order, in which circumstances, the Act provides for appeal under Section 30 of the Workmen's Compensation Act, 1923 before this Court, therefore, no writ petition will lie in respect of demand made by the Commissioner, the learned counsel for the petitioner Mr.V.Raghavachari, placed reliance upon the judgment of the High Court of Himachal Pradesh in the case of Sikkim Ayurvedic (Pvt.) Ltd Vs. Pyari Tamangni and Others reported in 1996 3 LLJ Supp 844 to contend that non filing of appeal under Section 30 of the Act, although a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deposit of penalty by the Appellate Tribunal. 31. When a statutory forum is created by law for redressal of grievance and that too in a fiscal statute, a writ petition should not be entertained ignoring the statutory dispensation. In this case the High Court is a statutory forum of appeal on a question of law. That should not be abdicated and given a go-by by a litigant for invoking the forum of judicial review of the High Court under writ jurisdiction. The High Court, with great respect, fell into a manifest error by not appreciating this aspect of the matter. It has however dismissed the writ petition on the ground of lack of territorial jurisdiction. 32. No reason could be assigned by the appellant's counsel to demonstrate why the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the time-honoured self-imposed limitations, focused on another legal principle on right and remedies. In para 11, at AIR p. 607 of the Report, this Court laid down: (SCC pp. 440-41, para 11) 11. It is now well recognised that where a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by that statute only must be availed of. This rule was stated with great clarity by Willes, J. in Wolverhampton New Waterworks Co. v. Hawkesford in the following passage: (ER p. 495) There are three classes of cases in which a liability may be established founded upon a statute. But there is a third class viz. where a liability not existing at common law is created by a statute which at the same ti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns for filing the appeal, like limitation, payment of court fee or deposit of some amount of penalty or fulfilment of some other conditions for entertaining the appeal. (See para 13 at SCC p. 408.) It is obvious that a writ court should not encourage the aforesaid trend of bypassing a statutory provision." 7. Thereafter, the counsel made alternative submission that even it is treated as provisional order, by which, subsequently parties will be allowed to lead evidence and also justify either the payment of amount already made satisfy the statutory compensation or there is no liability. The second contention merits acceptance. Hence, the writ petition is disposed of with a direction to the Deputy Commissioner of Labour-II, Chennai-6 to rec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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