IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 1851 of 1999(A)
1. THOMAS VARGHESE
... Petitioner
Vs
1. THE WORKMEN'S COMPENSATION COMMISSIONER
... Respondent
For Petitioner :SRI.JIMMY GEORGE
For Respondent :GOVERNMENT PLEADER
The Hon'ble the Chief Justice MR.V.K.BALI
The Hon'ble MR. Justice M.RAMACHANDRAN
Dated :23/01/2007
O R D E R
V.K.BALI,C.J. & M. RAMACHANDRAN, J.
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W.A.No. 1851 of 1999 A
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Dated this the 23rd day of January, 2007.
J U D G M E N T
Ramachandran, J.
An employer had been proceeded against under
the Workmen’s Compensation Act and the ultimate decision
had gone against him. He had chosen to file an original
petition inter alia contending that there was no
pronouncement of the order in the open court and his rights
for taking up the matter by way of appeal consequently
was jeopardised.
2. The learned Judge had gone in detail the
contentions as above raised, but had found that there were
laches on the part of the petitioner in receiving the certified
copy, and therefore, it may not be sufficient reason for him
to file a writ petition without resorting to the remedy of
appeal. The order of the Commissioner is dated 28.1.1993.
The writ petition was disposed of on 27.7.1999. Evidently,
the appellant had not received appropriate advice as the
remedy of appeal could not have been ignored for any
WA NO.1851 OF 1999
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reasons. We find no error in the manner in which the
issue has been considered and the writ petition had been
disposed of.
The writ appeal is dismissed.
V.K.Bali
Chief Justice
M. Ramachandran
Judge
Mbs/
WA NO.1851 OF 1999
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V.K.BALI, CJ &
M.RAMACHANDRAN, J.
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W.A.NO.1851 OF 1999 A
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J U D G M E N T
DATED: 23-01-2007
WA NO.1851 OF 1999
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