High Court Kerala High Court

K.Muraleedharan vs Dy.Labour Commissioner on 25 June, 2008

Kerala High Court
K.Muraleedharan vs Dy.Labour Commissioner on 25 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 2613 of 1998(J)



1. K.MURALEEDHARAN
                      ...  Petitioner

                        Vs

1. DY.LABOUR COMMISSIONER
                       ...       Respondent

                For Petitioner  :SRI.P.RAMAKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :25/06/2008

 O R D E R
      K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ.
            ---------------------------------------------------
                      O.P.No.2613 OF 1998
                       -----------------------------
             Dated this the 25th day of June, 2008

                          J U D G M E N T

~~~~~~~~~~~

Balakrishnan Nair, J.

Against Ext.P1, the award of the Workmens Compensation

Commissioner, the petitioner has got a right of appeal. But, he

points out that to invoke that appellate remedy he has to deposit

the entire award amount and the same is highly arbitrary and

discriminatory. Therefore, the petitioner challenges the

provision concerning pre-deposit to invoke the appellate remedy

as unconstitutional. In several statutes similar provisions are

there. The above provision in the Workmens Compensation Act

has also been subject of challenge in several writ petitions

before this Court and those challenges were repelled also. We

find no reason to reconsider the said view taken consistentantly

by this Court. Accordingly, the challenge to the constitutional

validity of the provision is repelled. Since the petitioner has an

appellate remedy, the writ petition challenging the award is also

W.P.(C) No.2613/1998 2

not maintainable. Accordingly, it is dismissed. But this will not

affect the rights, if any, of the petitioner to invoke the appellate

remedy.

(K.BALAKRISHNAN NAIR, JUDGE)

(M.C.HARI RANI, JUDGE)

ps

W.P.(C) No.2613/1998 3

K.BALAKRISHNAN NAIR
&
M.C.HARI RANI, JJ.

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OP NO.2613 OF 1998
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JUDGMENT

DATED 25TH JUNE 2008
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