IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 MFA.No. 47 of 2009() --------------------------------- WCC.37/2005 of COMMISSIONER FOR WORKMEN'S COMPENSATION THIRUVANANTHAPURAM. .................... APPELLANT(S): OPPOSITE PARTY ---------------------------- THE MANAGER, HARRISONS MALAYALAM PLANTATION, LAHI ESTATE, LAHA.P.O, PATHANAMTHITTA DISTRICT. BY ADVS.MR.E.K.NANDAKUMAR MR.A.K.JAYASANKAR NAMBIAR MR.K.JOHN MATHAI RESPONDENT(S): APPLICANTS ------------------------- BEEMAN, S/O. MADASWAMY, PERUMAN COLONY, LAYAM -71-B, LAHA ESTATE, LAHA.P.O, PATHANAMTHITTA DISTRICT. BY AD. MR.C.S.MANILAL THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.566/2009 IN MFA NO.47/2009 DISMISSED 22.10.2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N.KRISHNAN, J. ........................................... M.FA.NO.47 OF 2009 ............................................. Dated this the 22nd day of October, 2009 J U D G M E N T This is an appeal preferred by the respondent in WCC.No.37/2005 of the Workmen's Compensation Commissioner, Trivandrum. One Beeman, S/o. Madaswamy moved an application under the provisions of the Workmen's Compensation Act claiming a sum of Rs.Two lakhs on account of an alleged employment injury and the Workmen's Compensation Commissioner granted an order in favour of him for a sum of Rs.52,386/= and with a direction to pay the interest from the date of the accident and it is against that decision, the management has come up in appeal. 2. The learned counsel for the appellant would strongly contend before me that no opportunity was given and they were set ex parte and therefore they were not in a position to place the materials properly before the Commissioner. He prays for an opportunity to be given. 3. After hearing the learned counsel, I feel that an : 2 : M.FA.NO.47 OF 2009 opportunity can be given and therefore, the matter has to go back. There is also a suspicion for the learned counsel that the original applicant is no more. If he is no more, the appellant can take steps to implead the legal representatives so that, on completion of the same, the mater can be disposed of. Therefore, the award under challenge is set aside and the matter is remitted back to the Workmen's Compensation Commissioner with a direction to permit the appellant herein to file a written statement and adduce evidence in support of his contentions. Needless to say that the other party is also permitted for adducing further evidence and producing materials. The Workmen's Compensation Commissioner shall issue notice to the parties fixing the date of appearance. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 3 : M.FA.NO.47 OF 2009