Kerala High Court
M/S. Josco Polymers Pvt. Ltd vs T.M.Rajesh on 16 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
OP(LC) NO. 13 OF 2021
AGAINST THE ORDER/JUDGMENT IN ECC 48/2020 OF EMPLOYEES COMPENSATION
COMMISSIONER (INDUSTRIAL TRIBUNAL), KOZHIKODE
PETITIONER/OPPOSITE PARTY:
M/S. JOSCO POLYMERS PVT. LTD.,
4, ROMAIN ROLLAND STREET,
PONDICHERRY-605001,
REPRESENTED BY THE MANAGING DIRECTOR ABEY JOSEPH,
AGED 64 YEARS, S/O. JOSEPH,
RESIDING AT ABRA NO.35, CAPITAN MARIA,
XAVIER STREET, PONDICHERRY-605001.
BY ADVS.
V.V.SURENDRAN
P.A.HARISH
SANIKA.V.S.
DONA PAUL
RESPONDENTS/APPLICANT/3RD PARTY:
1 T.M.RAJESH, AGED 35 YEARS,
S/O. PERUKUTTY,
RESIDING AT THEKKEMULAMPALATHIL HOUSE,
THACHAMPOYIL P.O., THAMARSSERY VIA,
KOZHIKODE-673573.
2 M/S. NATIONAL INSURANCE COMPANY LIMITED,
REPRESENTED BY ITS MANAGER,
DIVISIONAL OFFICE, PB NO. 157,
NO. 110, IIND FLOOR, JAWAHARLAL NEHRU STREET,
PONDICHERRY-605001.
BY ADV LAL GEORGE
THIS OP (LABOUR COURT) HAVING COME UP FOR ADMISSION ON 16.09.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(LC) NO. 13 OF 2021
2
BECHU KURIAN THOMAS, J
===========================
O.P.(LC) No.13 of 2021
---------------------------------
Dated this the 16 th day of September, 2021
JUDGMENT
After hearing the arguments of Adv.P.A.Harish, the
learned counsel for the petitioner as well as
Adv.Lal George, the learned Standing Counsel, I
am of the view that nothing further survives to be
considered in this original petition, since the
learned counsel for the petitioner submits that the
Commissioner for Employees' Compensation has
issued notice to the Insurance Company after this
Court extended the time for disposal of the ECC
No.48/2020 pending on the files of the said
Commissioner, by a further period of three months.
2. This original petition is, therefore, closed recording
the above submission. However, liberty is granted
to all parties to raise all contentions before the
OP(LC) NO. 13 OF 2021
Commissioner for Employees' Compensation,
Kozhikode (Industrial Tribunal, Kozhikode) in ECC
No.48 of 2020.
sd/-
BECHU KURIAN THOMAS,
JUDGE
AMV/16/09//2021
OP(LC) NO. 13 OF 2021
APPENDIX OF OP(LC) 13/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMPLAINT FILED BY THE 1ST
RESPONDENT AS WCC 10/1999 BEFORE THE
COMMISSIONER FOR WORKMEN'S COMPENSATION,
KOZHIKODE DATED 08/01/1999.
Exhibit P2 A TRUE COPY OF THE COUNTER STATEMENT FILED BY
THE PETITIONER BEFORE THE WORKMEN'S COMPENSATION
COMMISSIONER, KOZHIKODE DATED NIL.
Exhibit P3 A TRUE COPY OF THE POLICY BEARING NO.
501502/42/97/8200090 INCLUDING THE SCHEDULE OF
THE EMPLOYEES COVERED UNDER THE POLICY DATED
17/11/1997 AND THE RECEIPT ISSUED BY THE
NATIONAL INSURANCE COMPANY LIMITED, PONDICHERRY
BRANCH TO THE PETITIONER COMPANY DATED
07/11/1997.
Exhibit P4 A TRUE COPY OF THE ORDER PASSED BY THE
COMMISSIONER FOR WORKMEN'S COMPENSATION DATED
14/06/2010.
Exhibit P5 A TRUE COPY OF THE JUDGMENT IN MFA 113/2011 OF
THIS HON'BLE COURT DATED 23/11/2020.
Exhibit P6 A TRUE COPY OF THE LETTER DATED 23/12/2010 SEND
BY THE PETITIONER COMPANY TO THE DIVISIONAL
MANAGER, NATIONAL INSURANCE COMPANY LIMITED.
Exhibit P7 A TRUE COPY OF THE LETTER DATED 20/08/2013
ISSUED BY THE PETITIONER TO THE BRANCH MANAGER,
NATIONAL INSURANCE COMPANY, PONDICHERRY.
Exhibit P8 A TRUE COPY OF THE AFFIDAVIT AND PETITION FILED
BY THE PETITIONER SEEKING TO IMPLEAD THE
MANAGER, DIVISIONAL OFFICE, NATIONAL INSURANCE
COMPANY LIMITED, PONDICHERRY DATED 07/07/2021.
Exhibit P9 A TRUE COPY OF THE COUNTER STATEMENT FILED BY
THE PETITIONER TO EXHIBIT P1 COMPLAINT DATED
07/07/2021.
RESPONDENT EXHIBITS : NIL
TRUE COPY P.A.TO JUDGE
