IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 WP(C).No. 15284 of 2004(T) -------------------------- PETITIONER(S): --------------- RETHINI, W/O. RAVEENDRAN, PUTHUMALA, P.O. MEPPADI, VYTHIRI TALUK. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. THE MANAGER, HARRISONS MALAYALAM LTD., PUTHUMALA DIVISION, VYTHIRI TALUK. 2. THE DISTRICT LABOUR OFFICER, KANNUR. 3. THE DEPUTY LABOUR COMMISSIONER, KANNUR. R1 BY ADVS. SRI. E.K. NANDAKUMAR SMT.PRIYA MANJOORAN SRI.JAYASANKAR A.K. R2 & R3 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Shg/ WP(C).No. 15284 of 2004(T) APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE JUDGMENT DATED 01.08.2002 IN W.C.CASE NO.235 OF 1999 PASSED BY THE COMMISSIONER FOR WORKMEN'S COMPENSATION & DEPUTY LABOUR COMMISSIONER, KANNUR. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE shg/ S.SIRIJAGAN,J. -------------- WP(C)NO. 15284 OF 2004 ---------------------- DATED THIS THE 10TH DAY OF SEPTEMBER 2009 JUDGMENT -------- The Petitioner herein was the applicant in W.C.C No.235 of 1999 before the Commissioner for Workmen's Compensation, Kannur. She was an employee of the 1st respondent employer. The application was filed seeking compensation for injuries sustained by the Petitioner in the course of employment with the 1st respondent. The 3rd respondent by Ext.P1 Award awarded a compensation of Rs. 1,74,613/- with a direction to the 1st respondent to deposit the said amount within 30 days from the date of receipt of copy of the judgment which is dated 1-8-2002, failing which the 1st respondent was informed that revenue recovery proceedings will be initiated against the 1st respondent to recover the said amount with 12% interest from the date of default. The said amount was deposited by the 1st respondent. WP(C)NO. 15284 OF 2004 2 The Petitioner filed this Writ Petition for a direction to the 2nd respondent who was in charge of the 3rd respondent, to disburse the said amount to the Petitioner. 2. The 1st respondent would contend that an appeal was filed against Ext.P1 Award as M.F.A No. 89 of 2004 and that is why the amount had not been paid to the Petitioner. But I find that the said M.F.A was dismissed as early as on 8-11-2004. Therefore there was absolutely no justification for non disbursal of the amount due to the Petitioner after 8-11-2004. Accordingly this Writ Petition is disposed of with the following directions; If the amount due to the Petitioner has not been disbursed to the Petitioner yet, the same shall be disbursed to the Petitioner within one month from the date of receipt of copy of this judgment by the 3rd respondent. Since the amount has WP(C)NO. 15284 OF 2004 3 been retained by respondents 2 and 3 they shall also pay interest at the rate of 12% from 8-11-2004 till the date of payment on the amount deposited by the 1st respondent. If any further amount is due to be deposited by the 1st respondent on calculation of amounts due as on 8-11-2004 the 3rd respondent shall see that the 1st respondent deposits that amount also with interest and the same shall be disbursed to the Petitioner within one month from the date of receipt of copy of this judgment. This Writ Petition is allowed as above. S.SIRIJAGAN JUDGE pkk