IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 18562 of 2009(M) -------------------------- WCC.124/2005 of W.C.C., KANNUR .................... PETITIONER(S): --------------- CHIEF ELECTRICAL INSPECTOR, ELECTRICAL INSPECTORATE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER RESPONDENT(S): --------------- 1. THE COMMISSIONER OF WORKMENS' COMPENSATION COMMISSIONER AND DEPUTY LABOUR COMMISSIONER, KANNUR. 2. HASEENA, W/O.DECEASED MUNEER @ SUNEER, CHERUVAKANDY HOUSE, THARUVANA P.O., PORUNNANNOOR VILLAGE, WAYANAD DISTRICT. 3. MUHAMMED HASHIR, S/O.HASEENA, CHERUVAKANDY HOUSE, THARUVANA P.O., PORUNNANNOOR VILLAGE, WAYANAD DISTRICT. 4. MARIYAM, MOTHER OF DECEASED MUNEER @ SUNEER, CHERUVAKANDY HOUSE, THARUVANA P.O., PORUNNANNOOR VILLAGE, WAYANAD DISTRICT. 5. THE CHAIRMAN, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. 6. THE ASST.EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, MANANTHAVADY, WAYANAD. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B SRI.P.RAMAKRISHNAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 18562/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE AWARD IN WCC NO.124/05. P2. COPY OF THE ORDER DTD.28.5.09 IN MFA NO.8/09. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.18562 of 2009 ================== Dated this the 14th day of October, 2009 J U D G M E N T The petitioner in this writ petition is the Chief Electrical Inspector, Thiruvananthapuram. One Muneer died in the course of employment with the Kerala State Electricity Board. Respondents 2 to 4 are the legal heirs of the deceased Muneer. They filed W.C.C.No.124/2005 before the 1st respondent with the petitioner also on the party array as one of the opposite parties. The 1st respondent passed Ext.P1 award directing payment of compensation for the death of the said Muneer to respondents 2 to 4. In that, the petitioner also was made liable for payment of compensation. The petitioner was declared ex parte in the proceedings before the 1st respondent. The petitioner filed a petition to set aside the ex parte award which was dismissed by the Workmens' Compensation Commissioner. Thereafter, they filed MFA 8/2009 before this Court, which was withdrawn with liberty to file appropriate proceedings, since this Court observed that deposit of the award amount is mandatory as per section 30 of the Workmen's Compensation Act. It is accordingly this writ petition has been filed. The petitioner submits that the petitioner has absolutely no liability for payment of the compensation since the petitioner, who is the Chief Electrical Inspector of the Government, has nothing 2 whatsoever to do with the Kerala State Electricity Board. It is under the above circumstances this Court has admitted this writ petition and passed an order on 28.8.2009 as follows: “Heard the learned Government Pleader, learned Standing Counsel for the Electricity Board and learned counsel for the 2nd respondent. The Electricity Board shall deposit the amount as directed in Ext.P1 before the Workmen's Compensation Commissioner, on or before 15.09.2009. On deposit, it is open to the claimants before the Workmen's Compensation Commissioner to withdraw the amount. This order shall be produced by respondents 2 to 4 before the Workmen's Compensation Commissioner. Subject to the above, the interim order extended until further orders.” Thereafter on 25.9.2009, the counsel for the Electricity Board submitted that an amount of Rs.6,55,068/- has been deposited with the Workmen's Compensation Commissioner by cheque. That being so, the award has been satisfied. As such, it is not necessary to consider this writ petition on merits. Accordingly, recording the submission that the award amount due to respondents 2 to 4 has been deposited by respondents 5 and 6, this writ petition is closed. It would be open to respondents 2 to 4 to approach the Workmen's Compensation Commissioner for disbursal of the amount so deposited. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3