IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 2108 of 2007(A) -------------------------------- PETITIONER: ---------------- SRI.ABDULKHADER HAJI, S/O.LATE KUNHAPPU, GOVT.CONTRACTOR, PATTUVATHIL HOUSE, CHATTANCHAL, THEKKIL P.O., KASARAGOD DISTRICT. BY ADV. SRI.JOY THATTIL ITTOOP SRI.DILSON JOHN RESPONDENTS: ------------------ 1. THE EXECUTIVE ENGINEER, CENTRAL PUBLIC WORKS DEPARTMENT, CALICUT CENTRAL DIVISION, DUTT SAW MILL ROAD, KALLAI P.O., CALICUT. 2. THE DEPUTY LABOUR WLEFARE COMMISSIONER, SHASTRI BHAVAN, A WING, 2ND FLOOR, CHENNAI. ADV. SRI.D.SOMASUNDARAM, ADDL.CGSC SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.2108/2007 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND PARENT OF DECEASED WORKMAN DT. 14.02.06. EXT. P2 : COPY OF the COMMUNICATION LETTER NO.30/1/CLTCD/06/1460 DT. 23.05.06 ISSUED BY THE 1ST RESPONDENT. EXT. P3 : COPY OF THE COMMUNICATION NO.30(1)/ CLTCD/2006/1824 DT. 01.08.06 ISSUED BY THE 1ST RESPONDENT. EXT. P4 : COPY OF the STAY ORDER IN C.M.P. No.23829 OF 2002 IN O.P.No.14129 OF 2002, ISSUED BY THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.2108 of 2007 --------------------------------- Dated, this the 6th day of January, 2009 J U D G M E N T The petitioner's grievance is regarding Exts.P2 & P3. 2. Facts of the case are that the petitioner had undertaken the construction work of the academic block for Chemical Science of Kannur University. It is stated that during the course of executing the work, on 06.02.2006, an assistant carpenter by name Shri.Vishnu Roy fell down from the 2nd floor of the building and succumbed to the injuries. It is stated that although the petitioner is not disputing the liability for compensating the dependents of the deceased, without issuing any notice or hearing him, the 2nd respondent passed Ext.P2 order requiring the 1st respondent to withhold an amount of Rs.4,30,560/-, being compensation that is due on account of the death of the aforesaid worker. Subsequently, the 1st respondent issued Ext.P3 to the petitioner. It is challenging Exts.P2 & P3 the writ petition is filed. The petitioner also complains that in view of the above orders that have been passed, final bills have not been settled. 3. Neither Ext.P2 nor Ext.P3 discloses that before passing the said orders, the petitioner was issued notice or heard. If that be so, the order fixing liability on the petitioner is violative of the principles WP(C) No.2108/2007 -2- of natural justice and cannot be sustained. For that reason, I am inclined to invalidate Ext.P2, from which it is seen that the petitioner is made liable to pay compensation of Rs.4,30,560/-. The writ petition is, therefore, disposed of with the following directions:- Exts.P2 and P3 are quashed. The 2nd respondent is directed to issue notice to the petitioner herein and pass fresh orders regarding the compensation that is payable by the petitioner consequent on the accident that took place on 06/02/2006 resulting the death of Shri.Vishnu Roy. Considering the grievance of the petitioner that final bills are not settled by releasing payment, it is ordered that the amounts that are due to the petitioner will be released on the petitioner furnishing Bank Guarantee for an amount of Rs.4,30,560/- with interest that has been ordered therein. The amount due from the petitioner shall be quantified by the 1st respondent and thereupon the petitioner will have to furnish the Bank Guarantee as above, then only the amount will be released. The invocation of the Bank Guarantee will depend upon the fresh decision to be taken by the 2nd respondent. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg