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New vs Fattu on 29 November, 2010

Gujarat High Court
New vs Fattu on 29 November, 2010
Author: K.M.Thaker,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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MCA/1485/2010	 3	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

 


 

MISC.CIVIL
APPLICATION - FOR DIRECTION No. 1485 of 2010
 

In


 

FIRST
APPEAL No. 4512 of
1999 
 
===============================================
 

NEW
INDIA ASSURANCE CO.LTD. - Applicant(s)
 

Versus
 

FATTU
FAKARA BHURIA & 6 - Opponent(s)
 

===============================================
Appearance
: 
MR
VIBHUTI NANAVATI for Applicant(s) : 1, 
None for Opponent(s) : 1 -
5, 7, 
GOVERNMENT PLEADER for Opponent(s) :
6, 
===============================================
 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE K.M.THAKER
		
	

 

Date
: 29/11/2010  
ORAL ORDER

The
applicant herein-original opponent No.4 in First Appeal No.4512 of
1999 with First Appeal No.6010 of 1999 has taken out present
application seeking below mentioned relief(s):-

“5(A) Your
Lordships may be pleased to pass appropriate order and/or direction
to the learned Jt. Labour Court, Surat and Ex-officio Commissioner
for Workmen’s Compensation to allow the applicant New India Assurance
Company Limited to withdraw Rs.1,27,435/- deposited by it before the
learned Jt. Labour Court, Surat and Ex-officio Commissioner for
Workmen’s Compensation Act, on 19.6.1999;

(B) Your
Lordships may be pleased to direct the original applicants no.1 to 5
to refund the said amount of Rs.1,27,435/- to the learned Jt. Labour
Court, Surat and Ex-officio Commissioner for Workmen’s Compensation,
if they had withdrawn the said amount pursuant to the order rendered
in Civil Application No.8245 of 1999 dated 29.10.1999.”

2. The
aforesaid request is made in view of the judgment dated 13th
May, 2010 in aforesaid First Appeal No.4512 of 1999 with First appeal
No.6010 of 1999 by which, the award dated 15th April, 1999
passed by the learned Commissioner for Workmen’s Compensation came to
be set aside.

3. The
applicant herein has, inter alia, stated that pursuant to the
original award dated 15th April, 1999, amounts in
question, were deposited before the learned Commissioner for
Workmen’s Compensation. The said amount is required to be refunded.

4. Having
regard to the relief(s) prayed for in present application, following
oder is passed:-

(i) In view of
the judgment dated 13.5.2010, the learned Commissioner for Workmen’s
Compensation shall, upon presentation of appropriate application by
present applicant (appellant of First Appeal No.4512 of 1999 and/or
by the respondent No.6 of First Appeal No.6010 of 1999) for refund of
the deposited amount, will make appropriate orders with regard to the
deposited amount, to the applicant. Such order will be passed by the
learned Commissioner for Workmen’s Compensation in respect of the
amount which is deposited by the applicant-insurance company.

(ii) It is,
however, clarified that if any amount is already disbursed in favour
of the heirs/legal representatives of the deceased, the said amount
will not be called back i.e. the heirs/legal representatives will not
be directed to refund the already disbursed amount and only that
amount which lies deposited/invested, will be refunded to the
applicant.

(iii) The
learned Commissioner for Workmen’s Compensation would make similar
order in respect of the amount deposited by the State Government
(i.e. appellant in First Appeal No.6010 of 1999), after appropriate
application with necessary and relevant details is filed by the State
Government. In respect of the amount deposited by the State
Government also, the part of the amount, which is already disbursed,
will not be called back from the heirs/legal representatives of the
deceased and the order will be passed with regard to only that much
of the amount which remains deposited/invested, will be refunded to
the State Government.

With the
aforesaid clarification and direction, present application stands
disposed of.

[K.M.Thaker,
J.]

kdc

   

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