Sasidharan vs K.Y.Baby on 26 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17820 of 2009(V)


1. SASIDHARAN, S/O.SUKUMARAN,
                      ...  Petitioner

                        Vs



1. K.Y.BABY, S/O.YOHANAN, KANAVUR VEEDU,
                       ...       Respondent

2. ANANDAN, S/O.SUKUMARAN,

3. THE WORKMEN COMPENSATION COMMISSIONER,

                For Petitioner  :SRI.ANCHAL C.VIJAYAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :26/06/2009

 O R D E R
                        V.GIRI,J.
                     -------------------------
                 W.P ( C) No. 17820 of 2009
                     --------------------------
               Dated this the 26th June,2009

                       J U D G M E N T

First respondent approached the Workmen

Compensation Commission in W.C.C No.70/2001 claiming

compensation in relation to the injury sustained by him

while working as a worker under the second respondent,

the brother of the petitioner. Second respondent took a

contention that he is not the employer. Several years

thereafter, the 1st respondent claimant filed an

application for impleading the petitioner and for

amendment of the complaint which has been allowed, as

per Exhibit-P6. Exhibit-P6 has been challenged in this

writ petition.

2. I am not inclined to interfere with Exhibit-P6

essentially because the petitioner has liberty to approach

the Workmen Compensation Commission or for resisting

the claim made by the workman. I also take note of the

fact that the 2nd respondent, originally arrayed as

W.P ( C) No. 17820 of 2009
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employer is the petitioner’s brother. It is possible that the

workmen could have been confused or misled. I find no

merit in the writ petition. Accordingly, the writ petition is

dismissed.

(V.GIRI,JUDGE)
ma

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