IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 16182 of 2011(W) -------------------------- PETITIONER(S): --------------- VARGHESE ANTONY @ VARKYCHEN, KALLARACKAL HOUSE, PALLIYIL ADUTHU KOCHIKOTHI BHAGOM, ANAKKALLU KARA, KANJIRAPPALLY VILLAGE. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): --------------- 1. SHALAJA, W/O. LATE SIVAPRASAD, HOUSE NO.XIV/1793, SIVAKRIPA, ODAMPALLIL HOUSE, K.K.VISWATHAN ROAD, KARUVELIPADY, COCHIN-5. 2. LAKSHMI S. PRASAD, D/O. LATE SIVAPRASAD, HOUSE NO.XIV/1793, SIVAKRIPA, ODAMPALLIL HOUSE, K.K.VISWATHAN ROAD, KARUVELIPADY, COCHIN-5. 3. SRUTHI S.PRASAD, D/O. LATE SIVAPRASAD, HOUSE NO.XIV/1793, SIVAKRIPA, ODAMPALLIL HOUSE, K.K.VISWATHAN ROAD, KARUVELIPADY, COCHIN-5. 4. THE MANAGER, NEW INDIA ASSURANCE CO. LTD., FIRST FLOOR, KALAMASSERY, COCHIN-683 104. 5. THE COMMISSIONER FOR WORKMENS COMPENSATION, (DEPUTY LABOUR COMMISSIONER), OFFICE OF THE DEPUTY LABOUR COMMISSIONER, KOTTAYAM-686 001. BY ADV. SMT.M.P.MARY FOR R1-3 BY GOVT. PLEADER SRI.P.M.MANOJ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.16182 of 2011 EXT.P1 THE PHOTOCOPY OF THE PETITION IN WCC.NO.14/2004 BEFORE THE WORKMEN'S COMPENSTION COMMISSIONER, KOTTAYAM. EXT.P2 THE PHOTOCOPY OF THE WRITTEN STATEMENT FILED BY THE EMPLOYER OF THE PETITIONER IN M.A.C.T.NO.322 OF 2004 BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALA. EXT.P3 THE TRUE COPY OF IMPLEADING APPLICATION TO IMPLEAD THE LEGAL HEIRS OF THE EMPLOYER. EXT.P4 THE PHOTOCOPY OF THE ORDER DATED 28.4.2010 DISMISSING EXT.P1 PETITION, WCC.NO.14/2004. EXT.P5 THE PHOTOCOPY OF THE PETITION FOR RESTORATION FIFLED BY THE COUNSEL FOR THE PETITIONER. EXT.P6 THE PHOTOCOPY OF THE OBJECTION TO THE RESTORATION PETITION FILED BY THE RESPONDENTS 1 TO 3 HEREIN. EXT.P7 THE PHOTOCOPY OF THE ORDER DATED 28.4.2011 PASSED BY THE 5TH RESPONDENT DISMISSING EXT.P5 RESTORATION PETITION FILED BY THE COUNSEL FOR THE PETITIONER. EXT.P8 THE MRI SCAN REPORT OF THE PETITIONER TAKEN AS PER THE DIRECTION FROM THE MEDICAL COLLEGE HOSPITAL, KOTTYAM. EXT.P9 THE COPY OF THE PETITION DATED 25.5.2011 FOR RESTORATION FILED BY THE PETITIONER. EXT.P9(a)THE PHOTOCOPY OF THE PETITION TO CONDONE THE DELAY IN FILING EXT.P9 PETITION. EXT.P10THE PHOTOCOPY OF THE APPOINTMENT LETTER ISSUED FROM AUSTIN HOSPITAL, HEIDELBERG, AUSTRALIA. EXT.P11THE PHOTOCOPY OF THE RETURN TICKET OF THE PETITIONER. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.16182 OF 2011 ------------------------------- Dated this the 29th day of June, 2011 J U D G M E N T The petitioner was the applicant in W.C.C.No.14/2004 on the file of the Court of the Commissioner for Workmen's Compensation and Deputy Labour Commissioner, Kottayam. The said claim petition was filed in the month of June, 2004 seeking payment of the sum of Rs.4 lakhs as compensation for the injuries sustained by the petitioner while he was in the employment of the predecessor-in- interest of respondents 1 to 3. After preliminary examination, the case was admitted to file and notice issued to the opposite parties. The opposite parties entered appearance and filed written statement. The applicant was examined in chief and cross examined by the second opposite party, the Insurer, on 17.2.2010. The case was posted for the cross examination by applicant by additional opposite parties 3 to 5 on 15.3.2010, 29.3.2010 and 28.4.2010. The petitioner did not turn up for cross examination of the additional opposite parties 3 to 5, respondents 1 to 3 herein, who were in the mean while impleaded as the legal heirs of the first opposite party. By Ext.P4 order passed on 28.4.2010, the Commissioner for Workmen's Compensation dismissed the application based on the submission made by the learned counsel appearing for respondents 1 to 3 herein W.P.(C)No.16182 of 2011 2 who were opposite parties 3 to 5 that the petitioner had gone abroad. 2. Shortly thereafter, on instructions given by the petitioner, his counsel filed Ext.P5 application to restore the claim petition to file. Respondents 1 to 3 herein filed Ext.P6 objections. By Ext.P7 order passed on 28.4.2011, the Commissioner for Workmen's Compensation dismissed the said application on the ground the lawyer has no locus standi to file an application for restoration and the applicant alone (petitioner herein) can file the said application. The petitioner thereafter filed Ext.P9 application for restoration of the claim petition along with Ext.P9(a) application to condone the delay in filing Ext.P9 application. This writ petition is filed in the background of the above mentioned facts mainly seeking a direction to the Commissioner for Workmen's Compensation, the fifth respondent herein, to take up Exts.P9 and P9(a) applications and dispose of the same within a time limit to be fixed by this Court. It is stated that the petitioner is undergoing treatment at Austin Hospital, Heidelberg, Australia, that he has to report in the hospital on 17.8.2011, that he has already booked tickets for his journey to Australia on 5.8.2011 and in such circumstances, expeditious disposal of Exts.P9 and P9(a) is warranted. 3. I heard Sri.Liji.J.Vadakedom, learned counsel appearing W.P.(C)No.16182 of 2011 3 for the petitioner, Smt.M.P.Mary, learned counsel appearing for respondents 1 to 3 and Sri.P.M.Manoj, learned Government Pleader appearing for the fifth respondent. The learned counsel appearing for respondents 1 to 3 submitted that the petitioner himself was responsible for the present state of affairs and therefore he cannot seek a restoration of the claim petition. In the nature of the order I propose to pass, though the fourth respondent has not been served, I do not deem it necessary to await service of notice on the fourth respondent. Shorn of details, all that the petitioner seeks is an order directing the fifth respondent to pass expeditious orders on Exts.P9 and P9(a) applications. The petitioner has not in the instant writ petition prayed to set aside Ext.P4 order and to restore the claim petition to file. The objection which respondents 1 to 4 can have to the request made by the petitioner in Exts.P9 and P9(a) applications can be put forth before the Court of the Commissioner for Workmen's Compensation by way of objections and it is for that court to consider whether having regard to the facts and circumstances of the case, the request made by the petitioner should be granted or not. However, in view of the fact that the petitioner is undergoing treatment abroad and has to report back to the hospital before 17.8.2011, I am of the opinion that the Court of the Commissioner for Workmen's W.P.(C)No.16182 of 2011 4 Compensation should endeavour to take up Exts.P9 and P9(a) applications and pass orders thereon expeditiously. I accordingly dispose of the writ petition with a direction to the fifth respondent to take up Exts.P9 and P9(a) applications in W.C.C.No.14 of 2004, hear the petitioner/his counsel and the counsel appearing for respondents 1 to 4 and pass appropriate orders thereon expeditiously and in any event on or before 31.7.2011. The petitioner and respondents 1 to 3 shall appear in person or through counsel in the Court of the Commissioner for Workmen's Compensation on 8.7.2011. The Commissioner for Workmen's Compensation shall thereafter issue notice to the insurer, hear the parties and pass orders as directed above. The contentions of both sides on merits are kept open. P.N. RAVINDRAN, JUDGE. nj.