IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 OP(LC).No. 821 of 2010(O) ------------------------- WCC.43/2008 of WORKMEN'S COMPENSATION & DEPUTY LABOUR COMMISSIONER,KANNUR ............................................................ PETITIONER (S): -------------------------- BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD., 107, 1ST FLOOR, CRYSTAL ARC, NEAR HOTEL ROOPA, BALMATTA ROAD, MANGALORE, REPRESENTED BY ITS ASSISTANT MANAGER (LEGAL). BY ADV. SRI.K.B.RAMANAND RESPONDENT(S): ------------------------------ 1. IBRAHIM, S/O. MOIDEEN, SHAHUL MANZIL, KALTHUR, ICHLAMPADY VILLAGE AND POST, KUMBALA, KASARAGOD. 2. BEEFATHIMA, W/O.IBRAHIM, SHAHUL MANZIL, KALTHUR, ICHLAMPADY VILLAGE AND POST, KUMBALA, KASARAGOD. 3. MOHOAMMED HANEEF, S/O.ABDULLA, U.K.TRADERS, KUMBALA (PO), KASARAGOD. R1 & R2 BY ADVS. SRI.P.V.BABY, SRI.A.N.SANTHOSH. THIS OP (LABOUR COURT) HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPLC.NO.821/2010 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SHOWCAUSE NOTICE RECEIVED BY THE PETITIONER ON 13/01/10. P2: COPY OF THE APPLICATION DTD. 27/02/10 FILED BEFORE THE W.C.C., KANNUR FOR SETTING ASIDE THE EXPARTE ORDER. P3: COPY OF THE ORDER DTD. 27/02/2010 PASSED BY THE W.C.C., KANNUR. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J. ----------------------------------------- O.P(LC) NO.821 OF 2010 ---------------------------------------- Dated this the 1st day of September, 2011. JUDGMENT The Insurance Company has filed this writ petition challenging an ex parte order passed by the Workmen's Compensation Commissioner, Kannur on 11.6.2009. As per the ex parte order, the petitioner was directed to deposit an amount of Rs. 4,27,140/- with interest at the rate of 12% per annum from the date of accident till the deposit and Rs.2,500/- towards funeral expenses, besides Rs.3,000/- towards costs. Though the petitioner had submitted an application for setting aside the ex parte order, the same was dismissed by Workmen's Compensation Commissioner. The limited relief sought for in this writ petition by the petitioner is an opportunity to contest the matter on merits. 2. During the pendency of this writ petition, the principal amount awarded was deposited by the petitioner and the same has been withdrawn by the respondents 1 and 2. The counsel for the respondents submits that he has no objection in the matter being remitted back to the Workmen's Compensation Commissioner for fresh disposal, for the purpose of giving an O.P(LC) NO.821 OF 2010 2 opportunity to the petitioner to contest the matter on the merits. 3. In view of the fact that, Ext.P3 order has been passed without affording an opportunity to the petitioner to contest the matter, I am of the view that an opportunity can be given to the petitioner to contest the petition on merits. Ext.P3 is accordingly set aside. The matter is remitted back to the court of the Commissioner for Workmen's Compensation and Deputy Labour Commissioner, Kannur. The said authority shall take up W.C.C No.43 of 2008 afresh and shall dispose of the same after affording an opportunity to the petitioner to contest the matter by submitting pleadings in opposition and by producing necessary evidence. The parties shall appear before the Workmen's Compensation Commissioner, Kannur on 10.10.2011. The Workmen's Compensation Commissioner shall make every endeavor to dispose of the matter expeditiously in view of the fact that the same has been pending for a long time. This writ petition is allowed on the above terms. K.SURENDRA MOHAN, JUDGE. mns O.P(LC) NO.821 OF 2010 3