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1983 DIGILAW 277 (KER)

KUNHIPATHUMMA v. DIVISIONAL PERSONAL OFFICER

1983-11-01

BHASKARAN NAMBIAR, K.BASKARAN

body1983
Judgment :- 1. This is purported to be an application under S.151 of.the Code of Civil Procedure for impleading the petitioners, who are stated to be the legal representatives of the applicant in W.C. No. 58 of 1982 before the Commissioner for Workmen's Compensation, Kozhikode, the said applicant having died on 21-5-1983 after the order against which the appeal is sought to be filed, was passed. The office expressed doubt regarding the maintainability of the application under S.151 CPC. for impleading the petitioners in the appeal sought to be filed. 2. We do not think that an application in the nature of the one which is before us is contemplated for the purpose of filing an appeal against the order of the Commissioner for Workmen's Compensation under S 30 of the Worionen's Compensation Act, 1923 (the Act). The term workman as defined in S.2 (n) of the Act reads as follows: "(n) "workman" means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business) who is (i) (ii) and any reference to a workman who has been injured shall where the workman is dead, include a reference to his dependants or any of them." 3. This inclusive definition of the term 'workman' in the Act clearly indicates that the right of the dependants to pursue the proceedings instituted by the workman survives him, and, therefore, in their own right they are entitled to institute the appeal. There is neither the need nor the scope for an application for impleading the dependants as a step precedent to the filing of the appeal. The right of the petitioners to file the appeal flows from the original order itself as they automatically step into the shoes of the workman on his death by virtue of the inclusive definition contained in S.2 (n) of the Act to which reference has already been made. 4. The petitioners are entitled to file the appeal without the aid of an order on application for impleading them. The impleading petition is accordingly dismissed.