Madras High CourtCRP/2377/2019dismissed

Selvi v. Madhanraj

2021-11-19Honourable Mr Justice S.S. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRP.NO.2377/2019 & CMP.NOS.15474/2019 & 82/2020 [Video Conferencing]

1. Selvi

2. Samuel (Minor) S/o. S.Venkatesan (Late) .. Petitioner Vs.

1. Madhanraj

2. Kalaiselvi @ Selvi .. Respondents Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 26.06.2019 made in IA.No.44/2019 in EC.No.194/2015 on the file of the Commissioner for Employee's Compensation-I [Joint Commissioner of Labour-I], Teynampet, Chennai 600 006.

For Petitioner : Mr.Terri Chella Raja For R1 : No appearance For R2 : M/s.S.Thamizharasi

ORDER

(1) This Revision is directed against the order in IA.No.44/2019 in EC.No.194/2015 on the file of the Commissioner of Employees'

Compensation-I [Joint Commissioner of Labour-I], Teynampet, Chennai. (2) The revision petitioner claiming to be the wife of Thiru.S.Venkatesan, filed a Claim Petition seeking compensation for the death of her husband in the course of employment. It is stated that the 2nd respondent also https://hcservices.ecourts.gov.in/hcservices/

filed an independent application in EC.No.353/2015 claiming compensation for the death of Thiru.S.Venkatesan. The 2nd respondent also states that she is the legally wedded wife of the deceased Venkatesan. She has filed an application to implead herself as the 2nd respondent in WC.No.194/2015 filed by the revision petitioner herein. The said application was allowed without deciding the merits of the individual claim made by the revision petitioner as well as the 2nd respondent herein. It is stated that the question as to the lawful legal heirship would be decided later.

Aggrieved by the order, impleading the 2nd respondent herein in EC.No.194/2015, the present Civil Revision Petition is filed by the petitioners who are claimants in EC.No.194/2015. (3) This Court on going through the order impugned herein, is unable to find out any irregularity in the said order. Since two individuals claim compensation on the basis that they are the legally wedded wives of the deceased Venkatesan, it is desirable that both of them are made parties in any one of the Claim Petitions so that the Tribunal can avoid conflicting views.

(4) In that view of the matter, this Court finds no merit in the present Revision Petition. Accordingly, the Civil Revision Petition stands dismissed.

No costs.

Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar AP To The Commissioner for Employee's Compensation-I [Joint Commissioner of Labour-I], Teynampet, Chennai 600 006. +1cc to M/s.M.Malar, Advocate, S.R.No.59908 +1cc to M/s.S.Thamizharasi, Advocate, S.R.No.59573 CRP.No.2377/2019 JPL(CO) RLP(02/12/2021) https://hcservices.ecourts.gov.in/hcservices/