IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WA.No. 178 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.1128/2008 Dated 09/01/2008 .................... APPELLANT/PETITIONER: ---------------------- AATHANKUTTY @ HASSANKUTTY, S/O.MUHAMMAD HAJI, AYYANKULANGARA, KOTTAYI, PALAKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.A.K.MADHAVAN UNNI RESPONDENTS: RESPONDENT: ------------------------ 1. THE COMMISSIONER FOR WORKMEN COMPENSATION (DEPUTY LABOUR COMMISSIONER), THRISSUR. 2. CHAMI, S/O.LATE MAYAN, RESIDING AT VALIYAPARAMBU HOUSE, ODAMUR, PATALI P.O., PALAKKAD TALUK, PALAKKAD DISTRICT. 3. SRINI, S/O.KARUPPAN, IRUVALAMKADU VEEDU POONANGAL P.O., MUNDOOR, PALGHAT DISTRICT 678592. BY SR. GOVT.PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- W.A.NO.178 OF 2008 () ----------------------------------- Dated this the 21st day of January, 2008 J U D G M E N T KOSHY,J. Petitioner filed a claim petition before the Commissioner for Workmen's Compensation. Commissioner passed award by Ext.P3 order directing payment of compensation. After four years, petitioner filed an application before the Workmen's Compensation Commissioner to set aside the ex parte award. That was not considered by the Commissioner. Therefore, writ petition was filed before this Court even though proper remedy was to file an appeal under Section 30 of the Workmen's Compensation Act. By taking a lenient view, writ petition was allowed and directed the Commissioner to consider and pass appropriate orders on a petition to set aside the ex parte order, on petitioner depositing the amount awarded within one month from the date of the judgment, that is, 3.10.2006. On several dates, the case was posted by the Commissioner and the W.A.178/2008 2 amount was not deposited and finally petition to set aside the ex parte order was also dismissed by Ext.P6 order. Petitioner wants to challenge the above order. If he is aggrieved, it is for him to file statutory application under Section 30 of the Workmen's Compensation Act and writ petition will not lie. There is also no justification as he has not complied with the conditions made in Ext.P4 judgment. Accident occurred in 1998. So far no amount is paid to the injured workman and he was once dragged to this Court also. The learned Single Judge dismissed the petition for valid reasons. We see no ground to interfere in the same, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 1st January, 2008