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SCA/14967/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14967 of 2010
=========================================
KALIDAS
NAZIRBHAI MIR
Versus
KANAIYALAL
MODILAL SHAH & 1
=========================================
Appearance
:
MR R.K.MANSURI for
Petitioner
None for
Respondents
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 26/11/2010
ORAL
ORDER
[1] The petitioner has
filed this petition under Articles 226 and 227 of the Constitution of
India seeking direction to the learned Presiding Officer, Labour
Commissioner, District : Sabarkantha at Himmatnagar to disburse fair
and reasonable amount to the petitioner and thereby to quash and set
aside the impugned order dated 20th September, 2010 passed
in Disbursement Application No.5 of 2010.
[2] Heard learned
advocate appearing for the petitioner and perused the impugned order
passed by the learned Labour Commissioner in Disbursement Application
No.5 of 2010. The learned Labour Commissioner has passed an award
under Workmen’s Compensation Act in Workmen Compensation (Fatal)
Application No.20 of 1998 on 29th May, 2009 awarding
compensation of Rs.2,21,370/- as well as 50% penalty thereof i.e.
Rs.1,10,685/- to the present petitioner. The amount of Rs.1,10,685/-
was ordered to be deposited in the Court whereas the amount of
Rs.2,21,370/- along with interest at the rate of 12% was ordered to
be deposited in the Court. Thereafter, in Disbursement Application,
an order was passed on 20th September, 2010 whereby the
petitioner was ordered to be paid an amount of Rs.40,491/- and an
amount of Rs.2,50,000/- was ordered to be deposited in the
Nationalised Bank for the period of five years. It appears that an
amount of Rs.2,90,491/- was not included an amount of penalty of
Rs.1,10,685/-. Either the said amount has not been deposited by the
Insurance Company or it has been lying in the Court uninvested. It is
open for the petitioner to move an appropriate application before the
Commissioner, Labour Court, in respect of the amount of Rs.1,10,685/-
including making a request for disbursement of the said amount. As
and when such application is moved by the petitioner before the
Commissioner, Labour Court, the Commissioner, Labour Court will
consider it on merits and pass appropriate order. Since the amount of
Rs.40,491/- is already ordered to be paid to the petitioner, no
interference is called for in the impugned order. However, it is open
for the petitioner to make appropriate application in future
depending upon exigency that may arise in future for withdrawal of
the amount including the withdrawal of periodical interest that may
accrue on amount of Fixed Deposit. If such an application is moved,
the Labour Court will decide the same on its own merits.
[3] Subject to the
aforesaid observations, this petition stands disposed of. Direct
service is permitted.
[
K. A. PUJ, J. ]
vijay
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