IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 35728 of 2004(C) -------------------------- PETITIONER: ------------ RAMANATHAN, AGED 37 YEARS, S/O.KUMARAN, KOZHYPARAMBIL HOUSE, CHIYYARAM DESAM, P.O.KURIYACHIRA, OLLUR VILLAGE, THRISSUR DISTRICT, THE PROPRIETOR, M/S.AMBIKA SAW MILL AND WOOD INDUSTRIES, KUTTANELLUR, THRISSUR. BY ADV. SRI.P.G.SURESH RESPONDENTS: ------------- 1. THE DEPUTY LABOUR COMMISSIONER, THRISSUR. 2. THE DEPUTY TAHASILDAR (R.R), THRISSUR, THRISSUR DISTRICT. 3. THE DISTRICT COLLECTOR, THRISSUR. ADDITIONAL RESPONDENTS: 4. SALEENA, W/O.RAPHEL, KALLUKARAN HOUSE, OLARIKKARA, P.O.PULLAZHY, THRISSUR DIST. 5. MINOR RICHU RAPHEL, S/O.RAPHEL, .DO. 6. MINOR RINTO RAPHEL, S/O.RAPHEL, .DO. 7. MINOR RIJU RAPHEL, S/O.RAPHEL, .DO. (RESPONDENTS 5 TO 7 REP. BY 4TH RESPONDENT, MOTHER) (ADDITIONAL RESPONDENTS ARE IMPLEADED AS PER ORDER DT.18.2.2008 IN I.A. NO.17454/2004.) BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2008, THE COURT ON 18/02/2008 DELIVERED THE FOLLOWING: JUDGMENT The petitioner is challenging recovery proceedings for recovery of compensation awarded by the Workmen's Compensation Commissioner. Initially this court granted conditional stay on payment of Rs.25,000/-. However, by further order dated 1.1.2008, this court modified the stay order with direction to pay another Rs.75,000/-. Counsel has now submitted that the award under challenge was an exparte award and it is now set aside and renumbered as W.C.C. No.414/2004 and evidence is being taken by the Workmen's Compensation Commissioner. Since the award stands set aside, W.P. has become infructuous is the contention of the petitioner. Since the accident occurred around 5 years back, I dispose of the W.P. directing the petitioner to deposit a further sum of Rs.75,000/- before the Workmen's Compensation Commissioner within a week from today. The Workmen's Compensation Commissioner will consider prima facie case and if he is satisifed that the claim is substantially tenable, he should release the amount to the beneficiaries pending finalisation of adjudication. There will also be direction to the Commissioner to finally dispose of the case within three months from today. If petitioner does not co-operate in the enquiry, then he should proceed to dispose of the case exparte as the case was filed four years back. In view of the above direction, there will be direction to the recovery authorities to withhold recovery proceedings for three months from now and thereafter recovery will be continued based on revised demand to be issued by the Workmen's Compensation Commissioner. Issue copy today itself. 18.2.2008 Sd/-(C.N.Ramachandran Nair, Judge.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF ASSIGNMENT DEED REG. NO.5126/2000 OF KUTTANELLUR S.R.O. DT.8.11.2000. P2: TRUE COPY OF THE PARTITION DEED REG NO.2321/2003 OF KUTTANELLUR S.R.O. DT.28.5.2003. P3: TRUE COPY OF THE RETIREMENT LETTER DT.28.9.2001. P4: TRUE COPY OF THE APPLICATION FOR COMPENSATION W.C.C. NO.369/2002 FILED BEFORE R1. P5: TRUE COPY OF THE ORDER IN WCC NO.369/2002. P6: TRUE COPY OF R.R. NOTICE ISSUED BY R2 TO THE PETITIONER. P7: TRUE COPY OF PETITION FILED BEFORE R1 TO SET ASIDE THE EXPARTE ORDER IN W.C.C. NO.369/2002. P8: TRUE COPY OF PETITION FILED BEFORE R1 TO STAY FURTHER PROCEEDINGS PURSUANCE TO EXT.P5 ORDER IN W.C.C. NO.369/2002. True copy PA to Judge C.N.RAMACHANDRAN NAIR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I.A.No.2567 of 2008 in W.P.(C) No. 35728 of 2004-C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 19th day of February, 2008 O R D E R This interlocutory application is filed in the writ petition disposed of yesterday, wherein this Court directed the petitioner to deposit Rs.75,000/- before the Workmen's Compensation Commissioner with a further direction to the said Commissioner to dispose of the restored W.C.C.No.414/2004. 2. Since the petitioner has stated that the entire amount of Rs.5,11,913/- is recovered from him, I.A is allowed, directing the second respondent to deposit Rs.75,000/- with the first respondent, which will be sufficient compliance of the directions contained in the judgment and refund the balance to the petitioners without any further delay. 3. However, as and when the W.C.C is disposed of, there will be a direction to the petitioner to deposit the balance amount over and above the amount paid and deposited by the petitioner before the Workmen's Compensation Commissioner, within two I.A.No.2567 of 2008 in W.P.(C) No. 35728 of 2004-C -: 2 :- weeks from the date of receipt of the copy of the award, subject to petitioner's right to challenge the award. If the petitioner fails to deposit the amount, the first respondent should move this court to initiate contempt proceedings against the petitioner because refund of recovered amount is ordered on petitioner's undertaking to deposit the balance amount of award as above. Refund of excess over Rs.75,000/- should be given to the petitioner within a week of production of the copy of this order. Handover. C.N.RAMACHANDRAN NAIR, Judge ms