IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 9794 of 2011(Y) -------------------------------------- PETITIONER(S): ----------------------- S. PRADEEP @ THAMBI, AGED 51 YEARS, S/O. SOMASEKHARA PILLAI, R/AT "LAKSHMI NIVAS", EZHUKON, KOLLAM. BY ADV. SMT.G.VIDYA RESPONDENT(S): ------------------------- 1. BARAT SANCHAR NIGAM LTD.(BSNL), REPRESENTED BY ITS GENERAL MANAGER, BSNL KERALA CIRCLE, PGM, TRIVANDRUM. 695 001. 2. THE SUB DIVISIONAL OFFICER, BSNL KOTTARAKKARA DIVISION, KOTTARAKKARA, KOLLAM DIST. 691 506. 3. THE COMMISSIONER FOR WORKMEN'S COMPENSATION, TRIVANDRUM.695 001. R1 & R2 BY ADV. SRI.SAJI VARGHESE R3 BY GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.9794/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER OF COMMISSIONER FOR WORKMEN'S COMPENSATION , TRIVANDRUM IN W.C.C. NO.12/05 DTD. 13.10.2010. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.9794 of 2011 ------------------------------------------- Dated this the 5th April, 2011 JUDGMENT Basant, J. Heard the learned counsel for the petitioner and the Counsel for respondents 1 and 2. The principal amount liable to be deposited before the Workmen's Compensation Commissioner is Rs.2,34,820/-. It is submitted that the said amount has already been deposited before the Commissioner/third respondent by the petitioner herein. After verifying that fact, the second and third respondents have released the amount due to the petitioner in part. Respondents 1 and 2 have retained the interest portion of the amount payable which comes to about Rs.2.35 lakhs. The learned Counsel for respondents 1 and 2 submits that in the light of the order of the Workmen's Compensation Commissioner, respondents 1 and 2 are liable to ensure that the petitioner deposits not only the principal amount, but also the interest due. In these circumstances, respondents 1 and 2 may be permitted to deposit the WPC No.9794 of 2011 2 balance amount also before the Workmen's Compensation Commissioner. 2. The suggestion is found to be very reasonable by us. Counsel for the petitioner also accepts the same. In these circumstances, we direct that the principal amount which has already deposited before the Workmen's Compensation Commissioner by the petitioner having already been released to him by respondents 1 and 2, respondents 1 and 2 be permitted to deposit the entire balance amount due by way of interest before the third respondent/Workmen's Compensation Commissioner. 3. This writ petition is allowed in part to the above extent as agreed. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/ WPC No.9794 of 2011 3 R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.9794 of 2011 ------------------------------------------- Dated this the 29th March, 2011 ORDER Basant, J. Heard. Admitted. Notice given and the Standing Counsel appears for respondents 1 and 2. We are not satisfied that notice need be issued to the third respondent now. Counsel for respondents 1 and 2 prays for time. Call on 11.4.2011. WPC No.9794 of 2011 4 R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/