Allowed

Latha v. Vs the Commissioner for Workmen'S Compensation

Kerala HC4 Oct 2021WP(C)/4187/2021

Case brief

AI extract

What is this about?

In this writ petition, legal heirs of an employee who died in service sought directions to the Commissioner for Workmen's Compensation to release the principal compensation amount awarded. The petitioners agreed to waive their claim for interest under a settlement with the employer to aid the latter's penury, but respondents refused to act on it.

What did the court decide?

Direction to the 2nd Respondent (Tahsildar) to accept the offered principal amount and disburse it to the petitioners within one month.

Latha v Vs the Commissioner for Workmen'S… — Pension and Retirement Benefits | Kerala HC (2021)

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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 BECHU KURIAN THOMAS

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MONDAY, THE 4^TH DAY OF OCTOBER 2021 / 12TH ASWINA, 1943

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WP(C) NO. 4187 OF 2021

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PETITIONERS :

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1 LATHA V, AGED 43 YEARS, W/O. LATE SREEKUMAR, T.C.50/1144, MADATHUVILAKATHU VEEDU, KARAMANA P.O., THIRUVANANTHAPURAM – 695 002.

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2 BHAGYA SREEKUMAR, AGED 23 YEARS, D/O. LATE SREEKUMAR, T.C.50/1144, MADATHUVILAKATHU VEEDU, KARAMANA P.O.,THIRUVANANTHAPURAM-695002.

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3 THUKKU MUDIPURA BHADRAKALAI TEMPLE TRUST, PACHALLOOR P.O., THIRUVALLAM, THIRUVANANTHAPURAM-695027, REPRESENTED BY ITS SECRETARY, A.R.SANTHOSH KUMAR, S/O. G.APPUKUTTAN NAIR, AGED 65, PARAMESHWARAMANGALAM, PACHALLOOR P.O., THIRUVANANTHAPURAM-695027.

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BY ADVS. ARUN BABU SRI.G.HARIPRASAD SMT.PREETHAKUMARI R.

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RESPONDENTS :

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1 THE COMMISSIONER FOR WORKMEN'S COMPENSATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM-695001.

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2 TAHSILDAR (REVENUE RECOVERY), OFFICE OF THE TAHASILDAR, THIRUVANANTHAPURAM-695004.

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BY GOVT.PLEADER SMT.SABEENA P.ISMAIL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 4187 OF 2021

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BECHU KURIAN THOMAS, J.

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W.P.(C).No.4187 of 2021

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Dated this the 4^th day of October, 2021

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JUDGMENT

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Petitioners 1 and 2 are the legal heirs of one

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Sri.Sreekumar, who met with an accident and died while he was in the employment of the 3^rd petitioner.

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Grievance of the petitioners is that, pursuant to the order in WCC.No.23/2006 on the files of the Commissioner for Workmen's Compensation, Thiruvananthapuram awarding an amount of Rs.3,73,800/- with interest to petitioners 1 and 2, the parties have entered into a settlement as per which the petitioners 1 and 2 have relinquished their right to claim interest, taking into consideration the penury of the 3^rd petitioner. According to the petitioners, they are waiving their right to claim interest on account of the settlement arrived at between the parties. It is submitted that the first respondent is refusing to act on the basis of such a settlement due to which petitioners 1 and 2 are being denied the right to enjoy even the principal amount awarded. Petitioners are relying upon Exts.P2

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WP(C) NO. 4187 OF 2021

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& P3 judgments of this Court where in similar instances, this Court had accepted such proposals or directed consideration of such proposals by the Workmen's Compensation Commission.

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Having regard to the circumstances mentioned above and taking into reckoning the willingness of the petitioners 1 and 2 to accept the principal amount awarded as per Ext.P1 in WCC.No.23/2006 on the files of the Commissioner for Workmen's Compensation, Thiruvananthapuram, I deem it fit to direct the 2^nd respondent to accept the principal amount as offered by the 3^rd petitioner to be paid to petitioners 1 and 2 and disburse the same to the petitioners without any further delay. The needful shall be done as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above.

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BECHU KURIAN THOMAS, JUDGE

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RKM

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WP(C) NO. 4187 OF 2021

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APPENDIX OF WP(C) 4187/2021

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PETITIONER'S EXHIBITS :

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EXHIBIT P1 THE TRUE COPY OF THE GIST OF THE ORDER DATED 4.1.2012 ISSUED BY THE 1ST RESPONDENT IN WCC 23/2006.

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EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT DATED 12.4.2017 IN WP(C)13502/2017. EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DATED 27.7.2017 IN WP(C)29989/2017. EXHIBIT P4 THE TRUE COPY OF THE LETTER DATED 7.7.2018 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.

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EXHIBIT P5 THE TRUE COPY OF THE MP 7/2021 IN WCC 23/2006 DATED 18.1.2021 FILED BY THE 1ST AND 2ND PETITIONER WITH TRANSLATION.

Latha v. Vs the Commissioner for Workmen'S Compensation

Case brief

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Latha v. Vs the Commissioner for Workmen'S Compensation

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