High Court Kerala High Court

Thomas Varghese vs The Workmen’S Compensation … on 23 January, 2007

Kerala High Court
Thomas Varghese vs The Workmen’S Compensation … on 23 January, 2007
       

  

  

 
 
  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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