K.Kalvirayan v. K.Dhanalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2023

CORAM:

THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN C.R.P.No.3051 of 2019 and CMP No.19605 of 2019 K.Kalvirayan .... Petitioner Vs 1.Mrs.K.Dhanalakshmi 2.Harigovindan 3.Mrs.Sammundeeshwari ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against returning of the petition filed in SR No.4592 dated 27.06.2018 in W.C.No.49 of 2014 on the file of Workman Compensation Tribunal II, the Joint Commissioner II, Chennai-600 006.

For Petitioner : Mr.S.Ruban Prabu

ORDER

It is the case of the petitioner that before the Deputy Commissioner of Labour in W.C.No.49 of 2014, he was not put on notice and therefore, the award passed by the Labour Court deserves to be set aside.

2. In order to set aside the same, the petitioner filed an application on 1/4

25.06.2018. The said application was returned saying that the award was passed on 25.02.2015. Challenging the said proceedings, the present revision has been filed.

3. By an order dated 16.09.2019, this Court had called for records. I have gone through the records and I have also permitted the learned counsel for the petitioner to peruse the same. It shows that notice was sent by the counsel for the claimant and it was refused to be received by the petitioner. On account of the fact that the notice was refused, the Court proceeded further and set the petitioner exparte. If the petitioner had refused the notice, he has nobody else to blame than himself. The only ground urged, not being existing on the perusal of the records, I have no other option except to dismiss the revision.

4. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 18.08.2023 Index:Yes/No Speaking order/Non-speaking order sr 2/4

To The Workman Compensation Tribunal II, the Joint Commissioner II, Chennai-600 006.

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V.LAKSHMINARAYANAN,J.

sr 18.08.2023 4/4