IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 MFA.No. 8 of 2009AA(A ) ------------------- WCC.124/2005 of W.C.C., KANNUR .................... APPELLANT: 2ND OPPOSITE PARTY -------------------------------- CHIEF ELECTRICAL INSPECTOR, ELECTRICL INSPECTORATE,THIRUVANANTHAPURAM. BY GOVT. PLEADER, SRI. V. T. K. MOHANAN. RESPONDENT(S): APPLICANTS AND OPPOSITE PARTIES ---------------------------------------------- 1. HASEENA W/O.DECEASED MUNEER @ SUNEER CHERUVAKANDY HOUSE, THARUVANA P.O.PORUNNANNOOR VILLAGE, WAYANAD DISTRICT. 2. MUHAMMAD HASHIR,S/O.HASEENA, CHERUVAKANDY HOUSE, THARUVANA P.O. PORUNNANNOOR VILLAGE, WAYANAD DISTRICT 3. MARIYAM MOTHER OF DECEASED MUNEER @ SUNEER CHERUVAKANDY HOUSE, THARUVANA P.O. PORUNNANNOOR VILLAGE, WAYANAD DISTRICT. 4. THE CHAIRMAN,K.S.E.B. THIRUVANANTHAPURAM 5. ASSISTANT EXECUTIVE ENGINEER ELECTRICAL MAJOR SECTION, MANANTHAVADY,WAYANAD. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB FOR R. 4 & 5 ADV. SRI.P.RAMAKRISHNAN FOR R.1-3 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - -- - - - - - - - - - - - - - - - M. F. A. NO: 8 OF 2009 - - - - - -- - - - - - - - -- - - - - - - - - - - - - - Dated this the 28th Day of May, 2009. JUDGEMENT Joseph J. In this case, the appellant is Chief Electrical Inspector. The appeal is filed under the Workmen's Compensation Act, 1923. The 3rd proviso to Section 30, of the Workmen's Compensation Act mandates the deposit of the amount by the employer. No doubt, it is the case of the appellant that it is not the employer, but the order passed on the basis that it is the employer. The Learned Government Pleader points out that he may be permitted to withdraw the appeal with liberty to take such steps, as it is advised. The appeal is dismissed as withdrawn without prejudice to the appellant to approach this court, in such proceeding as it is advised. K. M.JOSEPH, JUDGE. M. L. JOSEPH FRANCIS, JUDGE. dl/