(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr. Virat Popat, learned counsel for the appellant on this Letters Patent Appeal. The learned Single Judge of this Court has, by judgment and order dated 22/08/2012 in Special Civil Application No. 10456 of 2012, dismissed the writ petition filed by the appellant – original petitioner on the ground that the appellant – original petitioner has alternative statutory remedy of filing appeal under Section 30 of Workmen's Compensation Act. The appellant was also having remedy of filing application under Order 5 Rule 9 of the Civil Procedure Code and Rule 41 of the Workmen's Compensation Rules, 1924 by which, certain provisions of the Civil Procedure Code has been applied to Workmen's Compensation Commissioner and one of them is Order 9 Rule 13. It is open to the appellant to seek remedy in appropriate legal forum. This appeal is dismissed on the ground of availability of alternative remedy.
2. It is made clear that observations made by the learned Single Judge or by us shall not be considered by the Workmen's Compensation Commissioner and he shall pass the appropriate orders according to the merits of the case.
[ V. M. Sahai, J. ] [ G. B. Shah, J. ] hiren