Karnataka High Court
Ramakrishna Bhat S/O Krishna Bhat vs The Labour Officer And Commissioner For ... on 2 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2406
MFA No. 24574 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 02ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.24574 OF 2011 (WC)
BETWEEN:
RAMAKRISHNA BHAT S/O. KRISHNA BHAT,
AGE: 61 YEARS, OCC: BUSINESS,
R/O: NEAR MAHAVEER COLLEGE,
TQ. MUDABIDRI, DIST. MANGALURU.
...APPELLANT
(BY SRI. NARAYAN V.YAJI, ADVOCATE)
AND:
1. THE LABOUR OFFICER AND COMMISSIONER,
FOR WORKMAN COMPENSATION,
HAVERI, DIST. HAVERI.
AS PER THE ORDER OF HIS HON'BLE
COURT RESP. NO.1 NAME IS DELETED
2. SMT. HONNAWWA W/O. MALLAPPA VAGGANNAVAR,
AGE: MAJOR, R/O: HALERITTI,
SAMREEN TQ. and DIST. HAVERI.
AYUB
DESHNUR
Digitally signed by
3. MALLAPPA S/O. NEELAPPA VAGGANNAVAR,
SAMREEN AYUB
DESHNUR
Date: 2024.02.07
AGE: MAJOR, R/O: HALERITTI,
12:51:55 +0530
TQ. and DIST. HAVERI.
...RESPONDENTS
(BY SRI. HARISH S.MAIGUR, ADVOCATE FOR R2-R3;
R1 DELETED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC.30(1)(a)
OF WC ACT,1923, AGAINST THE JUDGMENT AND ORDER DATED
03.03.2010 PASSED IN WCA/F/130/2009 OF THE FILE OF THE
LABOUR OFFICER AND COMMISSIONER FOR WORKMENS
COMPENSATION, HAVERI DISTRICT, HAVERI, AWARDING THE
COMPENSATION OF RS.4,39,900/- WITH INTEREST AT THE RATE OF
12% P.A., FROM 22.08.2009 TILL ITS DEPOSIT.
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NC: 2024:KHC-D:2406
MFA No. 24574 of 2011
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri Narayan V. Yaji, advocate for appellant and Sri
Harish S Maigur, advocate for respondent Nos.2 and 3.
2. The Order passed by the Commissioner for Workmen
Compensation, Haveri in W.C.A/FNo.130/2009 dated
03.03.2010 is challenged in this appeal by the owner.
3. The facts in brief which are utmost necessary for disposal
of the appeal are as under:
Claim petition came to be filed by the claimants viz.,
Smt.Honnavva and Sri Mallappa against the appellant herein
under the provisions of Workmen Compensation Act on the
ground that Sri Kariyappa, S/o Mallappa Vaggannavar died
while he was on duty under the employment of the appellant
herein.
4. Claimants are the parents of the deceased who were
dependant on deceased. Therefore, they laid the claim.
According to them, deceased Kariyappa was working as coolie
with the appellant and he was being paid Rs.200/- per day as
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salary and Rs.50/- as batta. The notice of the claim petition
was served on the respondent, but he remained absent. Left
with no alternative, the Commissioner for Workmen
Compensation recorded the evidence of the claimants and
allowed the claim petition in part by awarding a sum of
Rs.4,39,900/-. Being aggrieved by same, owner is in appeal.
5. Sri N.V.Yaji, learned counsel for the appellant reiterating
the grounds of appeal, contended that the appellant is resident
of Mangaluru and there was no proper service of notice and
therefore, he remained ex-parte. Only after award came to be
passed, he came to know about the award and immediately he
took steps to file appeal and therefore, an opportunity may be
granted to establish that there was no employer and employee
relationship, the wages being paid and batta being paid, on
merits.
6. Per contra, Sri Harish S.Maigur, counsel for claimants,
while supporting the impugned judgment and award, contended
that there was due service of notice. But willfully appellant
remained absent before the Commissioner for Workmen
Compensation and therefore, ex-parte award came to be
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passed. Therefore, there is no merit in the appeal and sought
for dismissal of the same.
7. Having heard the parties in detail, this Court perused the
material on record, meticulously.
8. Since the award is ex-parte affording an opportunity to
the appellant to contest the matter in a time frame and also
directing to pay Rs.10,000/- to the claimants for re-trial to
meet the expenses would meet the ends of justice.
9. Accordingly, without discussing further on the merits of
the matter, following:
ORDER
(i) Appeal is allowed.
(ii) The impugned Order dated 03.03.2010 passed
in WCA/F.130/2009 on the file of the
Commissioner for Workmen Compensation,
Haveri, is hereby set-aside.
(iii) Matter is remitted to the Commissioner for
Workmen Compensation, Haveri.
(iv) Parties are directed to be present before the
Commissioner for Workmen Compensation/
Special Court for ECA, on 26th February
2024, without further notice.
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(v) The appellant is directed to pay Rs.10,000/- to
the respondents/claimants, on or before 26th
February 2024.
(vi) Payment of cost is condition precedent for
restoration of the case and to proceed with the
case in accordance with law.
(vii) Having regard to the date of the incident,
matter may be finally concluded on or before
30th September 2024, after affording suitable
opportunity for the parties to place evidence/
additional evidence on record.
(viii) The amount in deposit is ordered to be kept in
Fixed Deposit by this Court till 31st October
2024, for successful party to withdraw the
same.
(ix) Office is directed to return the records with
copy of this order forthwith.
Sd/-
JUDGE
kcm
