Saravana Devi, v. S.Kasthuri,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH C.R.P.(PD).(MD) No.491 of 2013 and M.P.(MD) No.1 of 2013 1.Saravana Devi 2.M.Dhanapal ... Petitioners/Respondents Vs.

1.S.Kasthuri 2.Minor S.Maha Prabhu ... Respondents/Petitioners (Represented by his Mother and Natural Guardian- R1) Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to call for the records pertaining to the order passed in Unnumbered I.A. of 2012 in W.C.No.5 of 2007 on the file of Commissioner of Labour, Workmen Compensation (Deputy Commissioner of Labour), Tirunelveli, Camp at Kovilpatti and set aside the same.

For Petitioners : Mr.T.A.Ebenezer For Respondents : Mr.D.Srinivasa Raghavan

ORDER

The claim has been made by the respondents under the Workmen Compensation Act. In that the respondents have sought to implead a third party, which has accordingly been rejected. Challenging the same, the petitioners are before this Court.

2.This Court is of the view that there is no case made out to interfere with the order passed by the authority. The authority has clearly held that the aforesaid claim, even assuming is available, will not take away the rights of the respondents to maintain the claim petition. In such view of the matter we do not find any merits in this petition. However, though the application filed by the respondents seeking to implead a third party has been dismissed, it will not take away the right of the petitioners to raise the point at the time of final hearing. The petitioners are also at liberty to mark the documents in support of their claim. We are not dealing with a suit. Taking into consideration of the fact that the matter is pending for more than a decade the Deputy Commissioner of Labour, Tirunelveli, Camp at Kovilpatti is directed to complete the https://hcservices.ecourts.gov.in/hcservices/

proceedings in W.C.No.5 of 2007 within a period of three months from the date of receipt of a copy of this order.

3.This Civil Revision Petition is dismissed with the above direction and observation. Consequently, connected Miscellaneous Petition is also dismissed. No Costs.

Sd/- Assistant Registrar(P &A) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Deputy Commissioner of Labour, Workmen Compensation Tirunelveli, Camp at Kovilpatti.

Copy to The Record Keeper, VR Section Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.D.Srinivasaraghavan, Advocate, SR No.85514 +1CC to Mr.T.A.Ebenezer, Advocate, SR No.85424 SJ SS/SKN/SAR 1/28.11.2018/2P/5C C.R.P.(PD).(MD).No.491 of 2013 and M.P.(MD) No.1 of 2013 19.09.2018 https://hcservices.ecourts.gov.in/hcservices/