← Library
Madras High CourtCRP/1587/2025allowed

K.Rangasamy v. M.Mohan

2025-04-16Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.04.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.No.1587 of 2025 1.K.Rangasamy 2.Marappan

...Petitioners

Vs.

1.N.Mohan 2.M/s. National Insurance Company Ltd., Tiruchirappalli Branch II, First Floor, Jerom Building Fort, Station Road, Tiruchirapalli

...Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the docket order in As Thi Mu A2/5691/2024 dated 09.11.2024 on the file of the Ld Joint Commissioner of Labour, Erode and consequently direct the Ld Joint Commissioner of Labour, Erode to number the E.C and pass appropriate orders on merits by allowing the CRP.

For Petitioner : M/s.Preethikaa R 1/4

ORDER

The above Civil Revision Petition is filed challenging the rejection of the claim petition by the Joint Commissioner of Labour, Erode at the numbering stage.

2. The facts are that the petitioners had filed a petition under Section 10 of the Employees' Compensation Act seeking compensation of Rs.1 crore from the respondents for the death of one R.Naveen Kumar who died in a road accident which occurred during the course of his employment. The petitioners are the dependents of the deceased.

3. The learned Joint Commissioner of Labour, Erode has rejected the claim petition without even numbering it on the ground that no proof of dependency has been filed by the petitioners. Challenging the same, the petitioners are before this court.

4. Heard the learned counsel for the petitioners and perused the 2/4

records.

5. The Joint Commissioner of Labour, Erode has totally overlooked the fact that the petition is only at the numbering stage and it is for the respondents on entering appearance to challenge the locus standi of the petitioners to claim compensation. The Joint Commissioner cannot endeavour at the stage of numbering to undertake the role of the respondent and consider the application on merits.

6. Considering the above, the Civil Revision Petition is allowed. The impugned order is set aside and the learned Joint Commissioner of Labour, Erode is directed to number the claim petition. No costs. 16.04.2025 shr Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order To The Joint Commissioner of Labour, Erode.

3/4

P.T.ASHA, J., shr C.R.P.No.1587 of 2025 16.04.2025 4/4