IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 16406 of 2007(C) -------------------------- WCC.76/1998 of W.C.C.,KOLLAM .................... PETITIONER(S): -------------------- K.CHANDRASEKHARAN UNNITHAN, S/O LATE KESAVA KURUP, JYOTHI SADANAM, KOONAYIL, PARAVOOR, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): ----------------------- 1. THE WORKMENS COMPENSATION COMMISSIONER AND DEPUTY LABOUR COMMISSIONER, COLLECTORATE, KOLLAM. 2. SMT.LETHA, D/O RADHA, VIJULAL BHAVAN, MULLIPPACHA, VELAMANNOOR P.O., PARIPPALLY, KOLLAM DISTRICT. 3. VIJILA(MINOR)D/O LATE VIJAYAKUMAR, REPRESENTED BY GUARDIAN AND MOTHER SMT. LETHA, VIJULAL BHAVAN, MULLIPPACHA, VELAMANNOOR P.O., PARIPPALLY, KOLLAM DISTRICT. 4. VIJULAL,(MINOR) S/O LATE VIJAYAKUMAR, REPRESENTED BY GUARDIAN AND MOTHER SMT.LETHA, VIJULAL BHAVAN, MULLIPPACHA, VELAMANNOOR P.O., PARIPPALLY, KOLLAM DISTRICT. 5. THE ORIENTAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, MUVATTUPUZHA, ERNAKULAM DISTRICT. ADV. SRI.VPK.PANICKER FOR R5 SRI.C.RAJENDRAN FOR R2 SRI.P.RAJESH(KOTTAKKAL) FOR R2 GOVT.PLEADER SRI.K.SANILKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.16406/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P2: TRUE COPY OF THE EX PARTE ORDER IN WCC NO.76/98 OF THE 1ST RESPONDENT. EXT.P3: TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4: TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 16406 OF 2007 (C) ===================== Dated this the 15th day of October, 2009 J U D G M E N T Petitioner, who was the respondent in W.C.C No.76/98 submits that he had entrusted a counsel to represent him before the Commission. It is stated that despite this, he went unrepresented, and therefore Ext.P2 ex parte award was passed. Seeking to have it set aside, petitioner has filed Ext.P3 and in this writ petition, what he complains is that order has not been passed on Ext.P3. Taking into account the above limited nature of the grievance, the writ petition is disposed of directing that on production of a copy of this judgment, the 1st respondent shall consider Ext.P3 with notice to the parties and pass orders thereon without any delay. ANTONY DOMINIC, JUDGE Rp