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.
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O.P.No.2613 OF 1998
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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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