Kerala High Court
The Fertilizers And Chemicals ... vs Sushama Kumari on 30 September, 2016
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 27TH DAY OF JUNE 2017/6TH ASHADHA, 1939
WP(C).No. 21010 of 2017 (A)
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PETITIONER(S):
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1. THE FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
THROUGH HIS CONSTITUTED ATTORNEY DILIP MOHAN,
SENIOR MANAGER (LEGAL SERVICES)
THE FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED,
UDYOGAMANDAL, ELOOR, ERNAKULAM, PIN-683 501.
2. THE GENERAL MANAGER
THE FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED,
COCHIN DIVISION, AMBALAMEDU PO, ERNAKULAM, PIN-682303.
BY ADVS.SRI.K.ANAND (SR.)
SMT.LATHA ANAND
SRI.M.N.RADHAKRISHNA MENON
SRI.JOSEPH SEBASTIAN (PARACKAL)
SRI.K.N.RAVINDRAN
RESPONDENT(S):
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1. SUSHAMA KUMARI
W/O.LATE V.N.SASI, SANKAR VILLA,
N.F.GATE, PEROOR LANE, THRIPUNITHURA PO,
ERNAKULAM-682301.
2. GAYATHRI S.S.
D/O.LATE V.N.SASI, SANKAR VILLA,
N.F.GATE, PEROOR LANE, THRIPUNITHURA PO,
ERNAKULAM-682301.
3. GIRI SHANKAR S.S.
S/O.LATE V.N.SASI, SANKAR VILLA,
N.F.GATE, PEROOR LANE, THRIPUNITHURA PO,
ERNAKULAM-682301.
4. INDUSTRIAL TRIBUNAL & EMPLOYEES COMPENSATION
COMMISSIONER
ALAPPUZHA-688 001.
R BY GOVERNMENT PLEADER SRI. PRADEEP C.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 21010 of 2017 (A)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: TRUE COPY OF ORDER OF THE COMMISSIONER DATED 30-9-2016.
EXHIBIT P2: TRUE COPY OF NOTICE DATED 12-6-2017.
RESPONDENT(S)' EXHIBITS: NIL
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\\TRUE COPY\\
PA TO JUDGE
DXY
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C) No.21010 of 2017
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Dated this the 27th day of June, 2017
JUDGMENT
The petitioner has approached this Court aggrieved by Ext.P1 order of the Employees Compensation Commissioner. Although various contentions are raised in the writ petition in its challenge against Ext.P1 order, I am of the view that, against Ext.P1 order, the statute provides an effective alternate remedy by way of an appeal before this Court. On a perusal of Ext.P1 order, I find that, the said order does not suffer from any jurisdictional defect nor is it one that is passed in violation of the principles of natural justice, so as to interfere with the same in these proceedings under Article 226 of the Constitution of India. Accordingly, without prejudice to the rights of the petitioner to approach the appellate authority, the writ petition in its challenge against Ext.P1 order is dismissed.
Taking note of the submission of the learned Senior Counsel for the petitioner that the petitioner would require some time to move the appellate authority, I make it clear that, recovery proceedings pursuant to Ext.P1 order shall be kept in abeyance for a period of two weeks, so as to enable the petitioners to move the appellate authority, in the meanwhile.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE sm/