Dismissed

Vasanthan P. v. Anil Kumar

Kerala HC18 Jul 2007WP(C)/8059/2004

Case brief

AI extract

What is this about?

This single-paragraph order dismisses a writ petition filed by a company and a workman against an order of the Commissioner for Workmen's Compensation. The Court held that since the order was appealable, the proper remedy was appeal, not a writ petition, thus dismissing the petition with liberty to appeal.

What did the court decide?

Writ petition dismissed; liberty granted to file an appeal within one month without it being rejected on grounds of delay.

Vasanthan P. Vs Anil Kumar — Labour and Industrial Disputes | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE KURIAN JOSEPH

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WEDNESDAY, THE 18TH JULY 2007 / 27TH ASHADHA 1929

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WP(C).No. 8059 of 2004(H)

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-------------------------------------

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PETITIONER:

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-------------------

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VASANTHAN P., AJEESH INDUSTRIES (CHIPPY BREAD COMPANY), ATHIPPALLIL VEEDU, AYANIVELIKULANGARA NORTH, S.V.MARKET P.O., KARUNAGAPPALLY, KOLLAM.

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BY ADV. SRI.B.SURESH KUMAR, SMT.T.V.NEEMA.

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RESPONDENTS:

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------------------------

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1. ANIL KUMAR, PUTHEN VEETTIL KIZHAKKATHIL,MARUTHOORKULANGARA SOUTH, KARUNAGAPPALLY, KOLLAM.

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2. THE COMMISSIONER FOR WORKMENS' COMPENSATION AND DEPUTY LABOUR COMMISSIONER,KOLLAM.

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BY ADV. SRI.ANCHAL C.VIJAYAN, GOVT. PLEADER SMT. DEEPA.K.R.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). NO.8059/2004:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P.1: COPY OF THE APPLICATION DTD. 30/12/1996 FILED BY THE R.1. BEFORE THE COMMISSIONER FOR WORKMEN'S COMPENSATION.

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EXT.P.2: COPY OF THE OBJECTION DTD. NIL FILED BY THE PETITIONER BEFORE THE COMMISSIONER FOR WORKMEN'S COMPENSATION.

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EXT.P.3: COPY OF THE APPLICATION DTD. 19/03/2003 FILED BY THE PETITIONER BEFORE THE COMMISSIONER FOR WORKMEN'S COMPENSATION.

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EXT.P.4: COPY OF THE COMMUNICATION DTD. 26/11/2003 ISSUED TO THE PETITIONER BY THE COMMISSIONER FOR WORKMEN'S COMPENSATION.

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EXT.P.5: COPY OF THE JUDGMENT DTD. 26/11/2003 IN W.C.C. NO. 21/1997 PASSED BY THE COMMISSIONER FOR WORKMEN'S COMPENSATION.

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RESPONDENT'S EXHIBITS: NIL.

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//TRUE COPY//

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prv.

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KURIAN JOSEPH, J.

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--------------------------------------W.P. (C). NO. 8059 OF 2004

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--------------------------------------Dated this the 18^th day of July, 2007.

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J U D G M E N T

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The grievance is on Exhibit P5 order passed by the Commissioner for Workmen's Compensation. Since it is an appealable order, it is not necessary to consider the matter in a writ petition. Therefore, without prejudice to the liberty to the petitioner to pursue the matter in appeal and making it also clear that in the event of an appeal being filed within a period of one month from today, the same shall not be rejected on the only ground of delay, this writ petition is dismissed.

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KURIAN JOSEPH, JUDGE.

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smp

Vasanthan P. v. Anil Kumar

Case brief

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What did the court decide?

Vasanthan P. v. Anil Kumar

Case brief

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