Gujarat High Court
Tata Chemicals Limited vs Kantaben Manilal on 4 December, 2025
NEUTRAL CITATION
C/FA/1213/2010 JUDGMENT DATED: 04/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO.1213 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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TATA CHEMICALS LIMITED
Versus
KANTABEN MANILAL
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Appearance:
MR.VARUN K.PATEL(3802) for the Appellant(s) No. 1
SERVED BY AFFIX(N) for the Defendant(s) No. 1
SERVED BY PUBLICATION IN NEWS for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 04/12/2025
ORAL JUDGMENT
1. This appeal is preferred by the appellant - original defendant challenging the judgment and award dated 2.4.2009 (for short, `the impugned judgment') passed by the learned Commissioner of the Workman's Compensation, Labour Court, Jamnagar in Wokman (Fatal) Case No.127 of 1993.
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2. Heard learned advocate Mr. Varun K. Patel for the appellant. Though served, nobody appeared for the respondent despite the publication of notice by public advertisement. Perused the record.
3. The facts in brief of the case are as under:
* The deceased Manilal Devji was working as a Weldor in the factory of the appellant. On 18.8.1889, while performing his duties, the employee sustained severe chest pain. He was admitted in the hospital. On 26.8.1989, the said employee expired due to massive cardiac arrest.
* The deceased, as per the claim of the claimants, was aged about 42 years and was drawing salary of Rs.1,800/- per month. The appellant failed to deposit the amount of compensation as contemplated under the Act. Therefore, the claimants filed claim Page 2 of 8 Uploaded by VATSAL S. KOTECHA(HC00352) on Tue Dec 09 2025 Downloaded on : Wed Dec 10 21:26:02 IST 2025 NEUTRAL CITATION C/FA/1213/2010 JUDGMENT DATED: 04/12/2025 undefined application claiming compensation of Rs.1,92,769.20 Paisa with 6% interest and penalty. * The appellant - original opponent appeared and filed written statement, Exhibit 7 and contested the application mainly on the ground of causal connection between the nature of work and the cause of death. Both the parties led evidence in support of their respective cases and after considering the evidence on record, learned Commissioner partly allowed the claim application by granting compensation at Rs.71,396/- with interest @ 6% per annum and penalty of 10% from the date of application till realization.
* Being aggrieved and dissatisfied with the impugned judgment, the appellant has filed present appeal.
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4. Learned advocate for the appellant has submitted that the learned Commissioner while partly allowing the application has committed a grave error of fact in not interpreting the question of causal connection between the cause of death and the nature of work. It is further contended that there is no medical evidence produced by the claimants in establishing the causal connection between the death of deceased and his employment. It is therefore contended that the claimants, in failing to establish the causal connection as required to be established under Section 3(1) of Workman's Compensation Act, the application ought to have been rejected. It is further contended that the employee has died due to natural cause and cause of death is not the resultant effect of the work pressure. No other submissions are made except the above.
5. As against this, it is the case of the claimants before the learned Commissioner that the employee has died Page 4 of 8 Uploaded by VATSAL S. KOTECHA(HC00352) on Tue Dec 09 2025 Downloaded on : Wed Dec 10 21:26:02 IST 2025 NEUTRAL CITATION C/FA/1213/2010 JUDGMENT DATED: 04/12/2025 undefined due to stress and strain of the work and the appellant has not deposited the amount of compensation as envisaged under Section 4A of Workman's Compensation Act. It is also the case of the claimant that the employee has not died due to natural cause but cause of death is arising out and in the course of employment and, therefore, it is the liability of the employer to pay compensation in accordance with the provisions contained in the Act.
6. Having considered the submissions of learned advocate for the appellant and on perusal of Record and Proceedings, it appears that the deceased was working as a Weldor in the factory of appellant. The deceased was getting salary of Rs.1,800/- per month. There is no dispute with regard to the aforesaid facts and there is no dispute that on 18.8.1989, the deceased - employee passed away due to the massive heart attack.
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7. Considering the fact that the learned Commissioner has granted compensation of Rs.71,396/- with interest at the rate of 6% per annum and a penalty of 10%, in my opinion, on the ground of smallness of amount, the present appeal lacks merit and I do not find any reason to interfere in the findings of fact which have been arrived at by learned Commissioner. Resultantly, the appeal stands dismissed. Record & Proceedings be sent back to the concerned Court forthwith. Interim Relief, if any, stands vacated forthwith. No order as to costs.
8. It is made clear that the observations made herein above are in peculiar set of facts and may not be taken as precedent.
9. It is also made clear that while passing this judgment/order, this Court has not gone into the merits and demerits of the case.
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10. At this stage, learned advocate for the appellant has pointed out that at the time of admission of the First Appeal, the appellant has deposited the decretal amount to the tune of Rs.1,66,711/-. As per the order passed by the Coordinate Bench of this Court dated 5.8.2010, the learned Workmen's Compensation Commissioner was directed to deposit the amount in a Fixed Deposit initially for a period of three years with any nationalized bank with cumulative effect. There was also a direction for periodical renewal till final disposal of the appeal.
11. It is further pointed out that, from the date of deposit of the compensation till today, original claimants have not come forward to withdraw compensation. In such eventuality, it is submitted that the amount deposited by the appellant be returned back with interest accrued thereon.
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12. Considering the peculiar set of facts and on considering the submissions of learned advocate for the appellant that till today, claimants have not come forward to withdraw the amount and even in this appeal, original claimants though served, have not remained present to contest. It would be in the interest of justice that the learned Commissioner shall issue a notice to the original claimants and upon not remaining present before the learned Commissioner for withdrawal of the deposited amount of compensation with interest accrued thereon, the learned Commissioner shall return the deposited amount of compensation with interest accrued thereon to the appellant after following due procedure.
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