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
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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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