High Court Kerala High Court

Vijayan vs The Commissioner For Workmen’S on 25 September, 2007

Kerala High Court
Vijayan vs The Commissioner For Workmen’S on 25 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 26951 of 2007(H)


1. VIJAYAN, S/O.PONNAN,
                      ...  Petitioner

                        Vs



1. THE COMMISSIONER FOR WORKMEN'S
                       ...       Respondent

                For Petitioner  :SRI.P.V.BABY

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :25/09/2007

 O R D E R
                       ANTONY DOMINIC, J.
                      ===============
                  W.P.(C) NO. 26951 OF 2007
                 ====================

          Dated this the 25th day of September, 2007

                          J U D G M E N T

The prayer of the writ petitioner is for release of the amount

deposited by the Insurance Company, in pursuance to Ext.P1

order of the Commissioner for Workmen’s Compensation.

Petitioner has produced as Ext.P2, an application dated 30/7/07

and it is submitted that despite this, amount was not deposited.

2. On instructions, learned Government Pleader today

submits that on the date when Ext.P2 was made amount was not

in deposit and that the award amount without interest was

deposited only on 14/8/07. If that be the factual position, the

authorities cannot be faulted for not releasing the amount, when

application was made on 30/7/07. In view of the deposit now

made, it is for the petitioner to make an application for its

release, in which event, the authority concerned will consider and

pass orders thereon.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE.

Rp