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High CourtsSingle Bench(2020) 12 KL CK 0043

Kerala State Road Transport Corporation Represented By Its Managing Director And Ors vs Muhammed P. Sadhik And Ors

High Court Of Kerala · Decided on 2 December 2020

HON’BLE JUDGES
N. Nagaresh, J
RESULT
Disposed Of
CASE NUMBER
Review Petition No. 762 Of 2020 In Writ petition (Civil) No. 29266 Of 2019

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Judgment

17 paragraphs · 328 words
1.

By judgment dated 05.08.2020 in W.P.(C) No.29266/2019, this Court directed respondents 2 to 4 therein to pay the balance amount due to the writ

petitioner in respect of the work 'Construction of Sewage Treatment Plant at Muvattupuzha â€" Civil Works, carried out by the writ petitioner within a

period of three months.

2.

Respondents 2 to 4 in the writ petition have preferred this review petition. According to the review petitioners, as per Annexure-2 agreement, the

petitioner in the writ petition shall be responsible for the safety of labour employed by him and he shall be liable to pay the necessary compensation in

the case of accident as per the Workmen's Compensation Act. A litigation is pending before the Commissioner for Employees' Compensation, West

Bengal, instituted by the legal heirs of one deceased workman previously engaged by the writ petitioner, as Claim Case No.138/2019 seeking

compensation from the review petitioners. If any compensation is awarded by the Commissioner, the writ petitioner is liable to pay the same as per the

agreement. Counsel for the review petitioners submits that the payment of contract amount by the KSRTC to the writ petitioner may be deferred till

the culmination of those proceedings.

3.

Heard learned counsel for the review petitioners and the respondents.

4.

Pendency of Annexure-1 proceedings before the Commissioner for Employees' Compensation, West Bengal was not brought to the notice of this

Court when the writ petition was heard. Therefore, this Court do not find any reason to review the judgment.

However, since there is specific provision in the agreement between the review petitioners and the writ petitioner in this regard, this Review Petition is

disposed of directing the writ petitioner to execute a bond in favour of the review petitioners undertaking that if the Commissioner for Employees'

Compensation, West Bengal, finds that the claimants in Claim Case No.138/2019 are entitled to compensation, the writ petitioner will make good the

amounts to the legal heirs of the employees.