IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15963 of 2008(A)
1. P.RAVEENDRAN, S/O.PONNAN, VANDITHAVALAM,
... Petitioner
Vs
1. THE DEPUTY COMMISSIONER OF LABOUR,
... Respondent
2. THE TAHSILDAR, REVENUE RECOVERY,
3. THE VILLAGE OFFICER, VANDITHAVALAM
For Petitioner :SRI.K.P.BALAGOPAL
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :30/05/2008
O R D E R
ANTONY DOMINIC, J.
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No. 15963 OF 2008 A
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Dated this the 30th May, 2008
J U D G M E N T
Petitioner was opposite party in proceedings W.C. No. 69.02
on the file of the 1st respondent. The award was passed as early as
on 5.11.2004. In terms of the award, the petitioner is liable to pay
50% of the compensation granted. The award has so far no been
challenged. To realise the compensation awarded, revenue recovery
proceedings have been initiated by Exts. P1 and P2 and at that stage
this writ petition has been filed.
2. In view of the finality of the award, the recovery proceedings
now initiated cannot be faulted. However, the petitioner only seeks
an instalment facility for paying the amount. Having regard to the
fact that the case arises out of an accident resulting in death of a
workman, and considering the fact that the family consisting of 9
members, I am not inclined to grant the instalment facility as sought
for by the petitioner. However, in order to enable the petitioner to
avoid coercive action now initiated and to discharge the liability, I
W.P.(C) No. 15963 OF 2008
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direct that the petitioner will be permitted to pay the amount in
terms of the award in two instalments the first of which will be
payable on or before 7.6.2008 and the second instalment on or
before 7.7.2008. Subject to payment as above coercive action will
stand deferred and in case default is committed, the respondents
will be free to continue the proceedings.
Writ petition is disposed of as above.
ANTONY DOMINIC
JUDGE
jan/-