IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 30769 of 2011(U) ---------------------------------------- PETITIONER(S): ------------------------ C.V.SUNIL, SEMI SKILLED WORKER, TRACO CABLE COMPANY, IRIMPANAM, RESIDING AT `VRINDAVAN' KAMBIVELIKKAKOM, KAKKANAD, KOCHI-682 030. BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE ADV. SMT.SARITHA DAVID CHUNKATH SMT.SMITHA GEORGE RESPONDENT(S): --------------------------- 1. THE DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, SUB REGIONAL OFFICE, KALOOR, KOCHI-PIN-682 017. 2. THE DEPUTY DIRECTOR, BENEFITS OFFICER, EMPLOYEES STATE INSURANCE CORPORATION, SUB REGIONAL OFFICE, KALOOR, KOCHI-PIN-682 017. 3. THE BRANCH MANAGER, EMPLOYEES STATE INSURANCE CORPORATION, LOCAL OFFICE, THRIPUNITHURA-PIN-682 301. R1 TO R3 BY ADV.SRI.P.SANKARANKUTTY NAIR,SC,ESI CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.30769/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ACCIDENT REPORT SUBMITTED BY THE COMPANY. P2 COPY OF THE MEDICAL REPORT(INJURY REPORT) IN RESPECT OF THE PETITIONER. P3 COPY OF THE REPRESENTATION DATED 20/10/2011 SUBMITTED BY THE PETITIONER BEFORE R2. P4 COPY OF THE MEDICAL CERTIFICATE DATED 16/3/2010 ISSUED BY THE GENERAL HOSPITAL,ERNAKULAM. P5 COPY OF THE MEDICAL CERTIFICATE DATED 24/3/2010 ISSUED BY THE SUNRISE HOSPITAL, ERNAKULAM. P6 COPY OF THE MEDICAL CERTIFICATE DATED 24/3/2011 ISSUED BY THE ERNAKULAM MEDICAL CENTRE, ERNAKULAM. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 30769 OF 2011 -------------------------- Dated this the 21st day of November, 2011 J U D G M E N T The petitioner is a semi skilled worker working in the Traco Cable Company, Irimpanam. He sustained injuries in the course of his employment on 16.12.2009 and was hospitalised. It is stated that though the petitioner has filed Ext.P3 representation dated 20.10.2011 before the second respondent claiming medical benefits, till date, no decision has been taken in the matter. In this writ petition, he inter alia seeks a direction to the respondents to take up Ext.P3 and dispose of the same after examining the medical records or by having the petitioner examined by a medical board and disburse to him the benefits due under the Employees State Insurance Act, 1948 (hereinafter referred to as 'the Act' for short) . 2. When the writ petition came up for admission hearing today, Sri.P.Sankarankutty Nair, learned standing counsel appearing for the respondents submitted that though all the benefits under the Act have been given to the petitioner, the WPC No.30769/2011 2 Deputy Director will examine Ext.P3 and take an appropriate decision thereon. In the light of the said submission, I dispose of the writ petition with a direction to the second respondent to examine Ext.P3 representation and take an appropriate decision thereon after affording the petitioner an opportunity of being heard expeditiously and in any event within two months from today. P.N.RAVINDRAN, (JUDGE) vps WPC No.30769/2011 3