Bombay High Court
Naushad Multan Sayyad vs Osama Rashidsab Masuldar on 9 August, 2024
2024:BHC-AUG:17861
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD
939 CIVIL APPLICATION NO. 8097 OF 2024
IN WP/10516/2022
Naushad Multan Sayyad
VERSUS
Osama Rashidsab Masuldar
...
Advocate for Applicant : Mr. Patel Fayaz K.
Advocate for Petitioner in WP : Mr. Mohammad Waseemullah
...
CORAM : ARUN R. PEDNEKER, J.
Dated : August 09, 2024
PER COURT :-
1. This Court in CA/13879/2023 in WP/10516/2022, passed the
detailed order on 02/05/2024 as regards the amount which was deposited
before the authorities in respect of W.C.A.No.06/2016 deposited by the
respondent, this Court has held that the present applicant has entitled to
receive Rs.3,12,350/- along with the interest of 12% per annum from the
date of accident till actual realisation of compensation amount.
2. In the above order dated 02/05/2024 this Court at paragraph
No.2, 3 and 4 has observed as under : -
"2. The Labour Court in pursuance of the direction issued by
this Court vide order dated 12.10.2022, passed order on
5.10.2023 in W.C.A. No.6/2016, which is as under :-
"1) Application is partly allowed.
2) The respondent No. 1 and 2 shall pay compensation
amount of Rs.3,12,350/- (Rs. Three Lakh Twelve Thousand
Three Hundred & Fifty only) to the petitioner along with
simple interest @ 12% per annum from the date of
accident till actual realisation of compensation amount.
3) The respondent No. 1 and 2 shall pay 25 % of
compensation amount as penalty to the petitioner.
939 CA 8097-2024
4) The judgment is dictated and pronounced in open
Court."
3) The learned counsel for the petitioner submits that the
amount deposited is far beyond what is directed to be paid to
the claimants. Therefore, the learned counsel submits that the
Labour Court be directed to refund the balance amount after
deducting the amount in terms of the order dated 5.10.2023
in W.C.A. No. 6/2016 along with accrued interest thereon. The
learned counsel further prays to direct the Labour Court to
consider the deducted amount as deposit made by the
petitioner and to issue deposit certificate so as to enable the
petitioner to file appeal against the impugned
order.
4) In view of the above, I deem it appropriate to allow the
application in terms of prayer clauses 'B' and 'C', which are as
under :-
"B) The Ld. Commissioner for E.C. Act and judge,
Labour Court at Latur may kindly be directed to refund
the balance amount after deducting the amount passed
vide order dated 05/10/.2023 in Case No.6/2016
forthwith.
C) The Ld. Commissioner for E.C. Act and Judge, Labour
Court at Latur be directed to consider the deducted
amount as deposit made by the applicant and issue
deposit certificate for filing First Appeal."
3. In view of the order passed by this Court whereby the
respondents are permitted to withdraw the balance amount, the
applicant herein is also permitted to receive compensation of
939 CA 8097-2024
Rs.3,12,350/- in terms of order dated 05/10/2023 in WCA No.06/2016.
The Commissioner to first grant the amount in terms of the order dated
05/10/2023 to the claimants and the balance amount be refunded to
the respondent in terms of the order dated 02/05/2024.
4. In view of the above, application is disposed of.
( ARUN R. PEDNEKER, J. )
vj gawade/-.
