General Manager North Western ... vs Daulat Ram Son Of Shri Sahiram ...
2023 Latest Caselaw 1985 Raj/2

[2023/RJJP/002453]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 14938/2022

1.       General Manager North Western Railway, Head Quarter,
         Jawahar Circle, Jaipur.
2.       Divisional   Railway       Manager,        North         Western   Railway,
         Bikaner.
                                                                     ----Petitioners
                                     Versus
1.       Daulat Ram Son Of Shri Sahiram, Resident Of Bhojusar,
         Tehsil Suratgarh, District- Shirganganagar, Rajasthan
2.       Smt. Shimla Wife Of Shri Daulat Ram Son Of Shri
         Sahiram, Resident Of Bhojusar, Tehsil -Suratgarh, District-
         Shriganganagar, Rajasthan.
3.       Kailash Chand Contractor, Resident Of Village Barisar,
         Bikaner.
                                                                   ----Respondents

For Petitioner(s) : Mr. C.S. Sinha with Mr. Shubhankit Bhatnagar For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

10/02/2023

1. The instant writ petition has been filed challenging the

judgment dated 25.7.2022 passed by the Commissioner, Women

Compensation under the Act of Workmen's Compensation Act,

1923 (hereinafter referred as "the Act of 1923").

2. An application has been filed on behalf of petitioners that the

impugned judgment dated 25.7.2022 is appealable under Section

30 of the Act of 1923 and appeal lies before the High Court itself,

therefore, this writ petition may be registered as Misc. appeal.

3. This Court finds that appeal under Section 30 of the Act of

1923 is maintainable on the involvement of substantial questions

of law. In the instant writ petition, substantial questions of law

[2023/RJJP/002453] (2 of 2) [CW-14938/2022]

have not been proposed/framed. That apart, the limitation is

provided for 60 days. Obviously, the period during which this writ

petition is pending may be exonerated in view of Section 14 of the

Limitation Act, therefore, this Court deems it just and proper to

dispose of this writ petition with liberty to petitioner to file appeal

under Section 30 of the Act of 1923 against the impugned

judgment dated 25.7.2022.

4. Petitioner is at liberty to move application for condonation of

delay in filing the appeal and period during which present writ

petition remain pending, would be considered for exclusion while

counting the limitation.

5. Office may return the certified copy of the impugned

judgment dated 25.7.2022 to counsel for petitioners after

retaining the photostat copy of judgment on record.

6. With aforesaid observations, the writ petition stands

disposed of.

7. Stay application and other pending application(s), if any, also

stand disposed of.

(SUDESH BANSAL),J

NITIN/78

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