JUDGMENT

This is the 2 nd round of litigation at the instance of the petitioner of having been proceeded ex parte in a proceedings initiated by the respondent before the Commissioner of Employees Compensation Industrial Tribunal on the application under Section 22 of the Employees’ Compensation Act, 1923 claiming compensation for the loss caused to them due to the death of one Sreekumar in the accident. In the first round of litigation the petitioners were proceeded ex parte resulting into payment of compensation of Rs.6,87,760/- as noticed in the order dated 12.07.2018 of this Court in W.P.(C).No.10330/2018. Petitioner were directed to approach the Tribunal for setting aside the ex parte proceedings subject to the condition of payment of cost of Rs.1,00,000/- to party respondents therein.

2. Learned counsel for the petitioners submitted that the cost has been paid on 26.07.2018 as per Ext.P6 placed on record by way of additional documents through I.A.No.1/2022 which is allowed subject to all exceptions. Documents are placed on record.

3. Unfortunately after the proceeding is set aside, were again proceeded ex parte on 30.10.2018 resulting into an award dated 03.12.2019 for an amount of Rs.6,87,760/- along with simple interest at the rate of 12% from 18.01.2011 to be paid within a period of 30 days. In the earlier proceedings the demand raised was Rs.12,72,488/- which contained the element of 12% from 18.01.2011. An application is moved to set aside subject to any terms and condition which this Hon’ble Court deem fit as the application for setting aside Ext.P3 is accompanied by an application for condonation of delay of 185 days.

4. In order to defray the cost of litigation and further delay in the proceedings, I intend to dispose of the writ petition by directing the petitioners to deposit 50% of the amount as on

31.01.2022 and not as determined in Ext.P4, which was only upto March, 2018, within a period of one week from today. The particulars of the amount will be disclosed by the concerned department after adding the interest on the amount as reflected in Ext.P4. On deposit of amount of 50%, no coercive measures shall be taken against the petitioners. Since this is second round of litigation in order to prevent further delay in adjudication of the lis, I also condone the delay of 185 days and allow the application by setting aside subject to costs of Rs.1,00,000/- again, which shall also be deposited within a period of one week.

5. If aforementioned directions are complied with, the Petition bearing No. ECC No.61/2014 is ordered to be restored its original number and shall be decided within four months by affording two effective opportunities to the parties to lead evidence in support of their case. In case the amount, referred above, is not deposited within the period of one week, the respondent department is directed to take action in accordance with law and submit the compliance report to this Court.

Writ petition disposed off.

Sd/- AMIT RAWAL JUDGE

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APPENDIX OF WP(C) 3531/2022 PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF JUDGMENT PASSED BY THE INDUSTRIAL TRIBUNAL, ALAPPUZHA DATED

3.12.2019. Exhibit P2 TRUE COPY OF PETITION IN CONDONE THE DELAY IN FILING THE PETITION TO SET ASIDE EX PARTE ORDER DATED 24.12.2021, WITH DOCUMENTS PRODUCED THEREIN.

Exhibit P3 TRUE COPY OF PETITION TO SET ASIDE THE EX-PARTE ORDER, DATED 24.12.2021.

Exhibit P4 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 14.03.2018 WITH ITS ENGLISH TRANSLATION.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED

12.07.2018 PASSED BY THIS HON'BLE COURT IN WPC NO.10330/2018.

Exhibit P6 TRUE COPY OF THE RECEIPT DT.6/7/2018 ISSUED BY THE RESPONDENTS 1 TO 3 RECEIVING RS.1.LAKH