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CA/4889/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 4889 of 2010
In
FIRST
APPEAL No. 1213 of 2010
=========================================
TATA
CHEMICALS LIMITED - Petitioner(s)
Versus
KANTABEN
MANILAL - Respondent(s)
=========================================
Appearance :
MR
VARUN K PATEL for
Petitioner(s) : 1,
MR NIKHIL S KARIEL for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 05/08/2010
ORAL
ORDER
1. The main
First Appeal was filed on 15.06.2009 against judgment and order dated
02.04.2009 in Workman Fatal Case No.127 of 1993. The matter came up
for consideration before this Court on 05.05.2010 when notice was
issued returnable on 16.06.2010. The relevant part of the order
reads as under:-
….. On
condition that the difference of the amount shall be deposited before
the the Commissioner, Workmen’s Compensation, Labour Court, Jamnagar
and the receipt thereof is produced in the registry of this Court,
the disbursement shall not be made, until then…..
2. The matter
then appeared on 08.07.2010 and it was adjourned to 23.07.2010, at
the request made by learned Advocate Mr.Kariel to enable him to
explore possibility of putting all controversies to an end amicably.
On 23.07.2010, learned Advocate Mr.Kariel was granted time as he had
not received any report from his client about any progress having
been made towards amicable settlement. The First Appeal was admitted
and on the same day, Rule was issued in this Civil Application
returnable today, i.e. 05.08.2010.
3. Learned
Advocate Mr.Patel for the applicant invited attention of the Court to
the fact that the respondent is adamant on not vacating the quarter
occupied by him. He also submitted that looking to the location of
the quarter, the respondent is in no mood to vacate the same. He
requested that it will be in the interest of justice if the
disbursement of the amount deposited is made conditional on vacating
of the quarters and recovery of the legitimate dues from the
applicant, to which he has no objection and he has taken instructions
from the appellant in this regard.
3.1 Learned
Advocate for the appellant also submitted that if the rent is charged
at concessional rate, the amount levied by the appellant comes to
Rs.49,000/-. If the normal rent is charged, it comes to Rs.83,000/-
and if penal interest is charged, the amount comes to Rs.7 lacs.
4. In view of
the aforesaid discussion, the stay granted by this Court against
disbursement on 05.05.2010 is confirmed. The Workman Compensation
Commissioner is directed to deposit this amount in a Fixed Deposit,
initially for a period of 3 years with any nationalized Bank with
cumulative effect, subject to periodical renewal till the final
disposal of the First Appeal. Rule is made absolute. No costs.
(Ravi R.Tripathi, J.)
*Shitole
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