IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 28127 of 2006(W) ---------------------------------------- PETITIONER: ------------------- PODDAR PLANTATIONS, RIPON ESTATE, MEPPADI REPRESENTED BY ITS POWER OF ATTORNEY HOLDER SHAJI K.ZACHARIAH,GENERAL MANAGER, RIPON ESTATE, MEPPADI. BY ADV. SMT.T.D.RAJALAKSHMI RESPONDENTS: ------------------------ 1. PANKAJAM, W/O. RAJAN NAIR, NELLIMUNDA ESTATE, MEPPADI POST, VYTHIRI TALUK. 2. WORKMENS COMPENSATION COMMISSIONER AND DY.LABOUR COMMISSIONER, KANNUR. 3. THE DEPUTY TAHSILDAR (R.R), TALUK OFFICE, VYTHIRI. ADV. SRI.N.NAGARESH FOR R1 BY GOVERNMENT PLEADER K.V.MANOR KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28127/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE DEMAND NOTICE DT. 5.7.2006 ISSUED BY THE 3RD RESPONDENT. EXT.P1(a):- COPY OF THE ATTACHMENT NOTICE DT. 5.7.2006 ISSUED BY THE 3RD RESPONDENT. EXT.P2:- COPY OF THE PETITION TO SET ASIDE THE JUDGMENT IN WCC 66/04 FILED BEFORE THE 2ND RESPONDENT DT. NIL. RESPONDENT'S EXHIBITS EXT.R1(a):- COPY OF THE APPLICATION DT. 16.9.04, WCC. NO.66/2004 FILED BEFORE THE COURT OF THE COMMISSIONER BY THE IST RESPONDENT. EXT.R1(b):- COPY OF THE JUDGMENT DT. 22.3.05 OF THE COURT OF THE COMMISSIONER FOR WLRKER'S COMPENSATION, KANNUR. /TRUE COPY/ P.S. TO JUDGE tss ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 28127 of 2006 -------------------------------------------------------- Dated: AUGUST 21, 2008 JUDGMENT Exts.P1 and P1(a) revenue recovery notices are under challenge in this writ petition. 2. From the counter affidavit filed on behalf of the 1st respondent, it is seen that he was the claimant in WCC 66/2004 before the Commissioner for Workmen's Compensation, Kannur, in which the petitioner herein, who was the respondent, did not enter appearance, and that led to Ext.R1(b) ex parte award, awarding compensation. It is in pursuance to Ext.R1(b), to recover the amount awarded by the Commissioner for Workmen's Compensation, revenue recovery proceedings have been initiated. 3. Petitioner submits that it was on account of the fact that the files were misplaced in their office, that they could not enter appearance before the Commissioner and contest the matter. It is also stated that during the relevant time, WP(C) 28127/06 2 there was a valid insurance policy, in terms of which the insurer was bound to indemnify the petitioner. According to them, in the aforesaid circumstances they have filed Ext.P2 before the Commissioner for Workmen's Compensation, to set aside the ex parte award and hear the matter afresh. 4. From the aforesaid facts it is evident that there is an award passed by the Commissioner for Workmen's Compensation, Kannur, in WCC 66/2004, in terms of which the 1st respondent herein has been granted compensation. The case of the petitioner is not one disputing the liability, but one asserting their right to be indemnified by the insurer. If that be so, the pendency of their application for setting aside the ex parte award need not stand in the way of the 1st respondent seeking withdrawal of the amount that has already been deposited by the petitioner in pursuance to the interim direction of this Court on 27.10.2006. 5. In the aforesaid circumstances this writ petition is WP(C) 28127/06 3 disposed of with the following directions:- i. That the 2nd respondent shall consider Ext.P2 application filed by the petitioner for setting aside the ex parte order in WCC 64/2004. ii. The pendency of the proceedings as above will not stand in the way of the 1st respondent herein from seeking release of the compensation awarded by the Commissioner for Workmen's Compensation, in terms of Ext.R1(b) award. iii. In case Ext.P2 is allowed, it will be open to the petitioner to seek impleadment of the insurance company, from which the petitioner is asserting their right to be indemnified. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-