Revision against an order declining to delete two respondents from an employee compensation claim arising from a factory accident causing traumatic amputation of fingers. The court found them necessary parties as they were named owners in the FIR, dismissed the revision, and directed disposal of the pending compensation claim within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.No.414 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.11.2024
CORAM
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
C.R.P.No.414 of 2022 and C.M.P.No.2129 of 2022
... Petitioners / Petitioners / Respondents No.1 & 2
-vs-
... Respondent / Respondent No.2 / Respondent No.3
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside Order dated December 16, 2021 passed in I.A.No.65 of 2018 in E.C.No.42 of 2016 on the file of the Commissioner for employees compensation appointed under Section 20 of the Employees Compensation Act, 1923 [Joint Commissioner (employees)]
1/7
C.R.P.No.414 of 2022
at Coimbatore.
For Petitioners : Mr.K.Myilsamy
For Respondent 1 : Ms.Jayshree Dharbar For Respondent 2 : No Appearance
ORDER
Aggrieved by the Order dated December 16, 2021 passed in I.A.No.65 of 2018 in E.C.No.42 of 2016 on the file of the Commissioner for Employees Compensation appointed under Section 20 of the Employees Compensation Act, 1923 [Joint Commissioner (Employees)] at Coimbatore, ['Commissioner' for short], the petitioner therein has filed this revision petition. The respondents herein filed an application in E.C.No.42 of 2016 seeking compensation to the tune of Rs.20,00,000/- with interest at the rate of 12% per annum from the date of petition till the date of realization.
E.C.No.42 of 2016.
2/7
C.R.P.No.414 of 2022
has sustained major crush injury to his right hand, resulting in the Traumatic amputation of all fingers up to middle of the metacarpal bones, for which he underwent plastic surgery. According to the petitioner, the accident happened during the course of employment. The petitioner sought a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) as compensation from the Respondent and filed E.C.No.42 of 2016 before the Commissioner.
3/7
C.R.P.No.414 of 2022
of 2018 stating that they are not owners of Siva Sakthi Agencies and the Respondent Nos.1 and 2 are not necessary parties to the proceedings, accordingly they prayed to delete their names from the petition.
4/7
C.R.P.No.414 of 2022
Agencies, the Respondent No.3 is the sole owner of the Siva Sakthi Agencies. Hence, the Respondent Nos.1 and 2 are not necessary to decide
the petition and they are unnecessary parties to the proceedings and accordingly, learned counsel prays to allow this revision petition.
C.R.P.No.414 of 2022
Commissioner.
26.11.2024
rna Index : Yes Internet : Yes Neutral Citation: Yes
To
The Workman Commissioner, The Deputy Commissioner of Labour, Coimbatore.
6/7
C.R.P.No.414 of 2022
R.SAKTHIVEL,J
rna
C.R.P.No.414 of 2022 and C.M.P.No.2129 of 2022
26.11.2024
7/7
1 issue framed by the court
Whether the first and second respondents are necessary parties to the employee compensation proceedings given their claimed ownership or management of the factory.
2 provisions across 2 enactments
R.Paulmani
P.Vimala
P.Periyasamy
A.Sowthiram
R.Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
