Bakkiyam and D. Mani vs Commissioner for Workmen's Compensation, S.L.T. Animal Feeds (P) Ltd. and National Insurance Co. Ltd.

M. Jaichandren, J.—The learned Counsel appearing on behalf of the Petitioner had submitted that the first Respondent had passed the

impugned order, dated 30.01.2006, in W.C.I.A No. 77 of 2005, stating that the Petitioners had not shown sufficient cause for the delay in filing

the workmen''s compensation case. The learned Counsel appearing on behalf of the Petitioners had also submitted that they had filed a Motor

Accident Claims Original Petition, in M.C.O.P. No. 758 of 2002, on the file of the Motor Accident Claims Tribunal, Principal District Court,

Namakkal. Though the said petition had been withdrawn, the certified copy of the order had not been made ready by the registry of the tribunal, at

the time of the filing of the workmen''s compensation case, before the first Respondent. Therefore, the Petitioners had not been in a position to

show sufficient cause for the delay in the filing of the workmen''s compensation case, before the first Respondent.

The learned Counsel appearing on behalf of the Petitioner had also submitted that the Petitioners would not claim the interest on the

compensation to be paid, till the date of the filing of the workmen''s compensation case, before the first Respondent.

At this stage of the hearing of the writ petition, the learned Counsel appearing on behalf of the third Respondent had submitted that the impugned

order of the first Respondent, dated 30.01.2006, made in W.C.I.A. No. 77 of 2005, may be set aside and the first Respondent may be directed

to take on file the workmen''s compensation case and pass necessary orders thereon, on merits and in accordance with law, after giving sufficient

opportunity of hearing to the Petitioners, as well as to the Respondents 2 and 3.

In view of the submissions made by the learned Counsels appearing on behalf of the Petitioners, as well as the Respondents, the impugned order

of the first Respondent, dated 30.01.2006, made in W.C.I.A. No. 77 of 2005, is set aside and the first Respondent is directed to take on file, the

workmen''s compensation case and decide the same, on merits and in accordance with law and pass appropriate orders thereon, as expeditiously

as possible, after giving sufficient opportunity of hearing to the Petitioners, as well as to the second and the third Respondents.

This Writ Petition is ordered accordingly. No costs.