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Madras High CourtCRP(MD)/522/2023allowed

Panderinathan, v. G.Maran,

2023-03-01Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.2500 of 2023 Panderinathan ... Petitioner/Petitioner/ 1st Respondent Vs.

1.G.Maran ... Respondent/1st Respondent/ Petitioner 2.The Branch Manager, The New India Assurance Company Limited, Nagapattinam.

... Respondent/2nd Respondent/ 2nd Respondent PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the learned Joint Commissioner of Labour / Commissioner of Employees Compensation Tribunal, Trichy to number the unnumbered I.A.No. of 2022 in E.C.No.40/2015 on his file and adjudicate the matter within the time stipulated by this Court. For Petitioner : Mr.C.Gangai Amaran 1/4

ORDER

The respondent in Employees Compensation Tribunal has filed the present revision petition seeking a direction to the said Tribunal to number the interlocutory application for setting aside the ex parte order.

2. The 1st respondent was shown as an employer in E.C.No.40 of 2015 and he had remained ex parte. An ex parte award was passed on 06.05.2019. The petitioner has filed an interlocutory application in December 2021 to set aside the said ex parte award. It is the allegation of the petitioner that the said application has not yet been numbered and kept pending.

3. Considering the above said facts, the learned Joint Commissioner of Labour / Commissioner of Employees Compensation Tribunal, Trichy is directed to number the interlocutory application and dispose of the same on merits and in accordance with law within a period of three (3) months from the date of receipt of a copy of this order. 2/4

4. With the above said direction, the Civil Revision Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

01.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg Note : Registry is directed to return the original plaint to the counsel for the petitioner.

To 1.The Joint Commissioner of Labour / Commissioner of Employees Compensation Tribunal, Trichy.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.

VIJAYAKUMAR ,J.

gbg Order made in 01.03.2023 4/4