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2011 Supreme(Mad) 611

R.SUDHAKAR
Management of M/s. A. M. Sekar & Company rep. by its Partner A. M. Sekar S/o. Muthu Valavandhan – Appellant
Versus
B. Usha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:B. Ramamoorthy, Advocate.
For the Respondents:R1, J. Franklin, Advocate, R2, L.S.M. Hasan Fizal, Government Advocate.

Judgment :-

1. The writ petition has been filed to call for the records to the order of the Deputy Commissioner of Workmens' Compensation of Labour, Coimbatore, the 2nd respondent herein, dated 10.09.2007 made in I.A.No.7 of 2006 in W.C.No.70 of 2004 and to quash the same.

2. The first respondent suffered by some injury on 16.10.2003. She made a claim against the present writ petitioner before the Deputy Commissioner of Workmens' Compensation of Labour, Coimbatore, the second respondent herein in W.C.No.70 of 2004. The said claim petition came to be dismissed on 30.05.2005 holding that she is not an employer in the petitioner company and she was working under M/s.M.N. & M.S.Traders, Coimbatore and therefore, she should approach proper person.

3. Realising the mistake, she filed an I.A.No.7 of 2005, before the Deputy Commissioner of Workmens' Compensation of Labour, Coimbatore, for condonation of delay in filing the application. The said application was allowed on 10.09.2007. Challenging the said order, the present writ petition has been filed, stating that the said order is not maintainable in view of the fact that the W.C.No.70 of 2004 has been disposed of, rejecting the first respo









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