M/S Cafe Coffee Day vs Ramesh Kumar Gupta And Anr
2017 Latest Caselaw 4379 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                    Date of Decision:22nd August, 2017

+        W.P.(C) 2543/2017 & CMs 10973-10974/2017, 10976/2017

         M/S CAFE COFFEE DAY                              ..... Petitioner
                       Through:          Mr. Bippin Kalappa, Advocate

                            versus

         RAMESH KUMAR GUPTA AND ANR            ..... Respondents
                    Through: Mr. M.K. Rathee, Mr.J.P. Sikka,
                             Advocates for respondents no.1 and 2.

         CORAM:
         HON'BLE MR. JUSTICE J.R. MIDHA

                             JUDGMENT (ORAL)

1. The petitioner has challenged the order dated 18th December, 2015 whereby compensation of Rs.8,61,120 has been awarded to respondents no.1 and 2.

2. On 20th July, 2012 at about 11.00 A.M., Anil Kumar Gupta met with an accident during the course of his employment with the contractor, Shiv Kumar Yadav, who was engaged by the petitioner for fixing the signboard on the premises of the petitioner.

3. Learned counsel for the petitioner urged at the time of the hearing that the petitioner had assigned the work for installation of the signboard to the contractor, Shiv Kumar Yadav who had in turn engaged the deceased, Anil Kumar Gupta. According to the petitioner, that there was no employer- employee relationship between the petitioner and the deceased. It is

submitted that the contractor, Shiv Kumar Yadav is liable to pay the compensation to the legal representatives of the deceased.

4. Section 12 of the Employees' Compensation Act makes the principal liable to pay the compensation to legal representatives of the deceased employee employed through the contractor. In that view of the matter, there is no infirmity in the impugned order of the Commissioner, Employees' Compensation.

5. The writ petition is dismissed. The pending applications are disposed of.

6. The petitioner has deposited Rs.8,61,120/- with the Commissioner, Employees' Compensation in two installments (Rs.4,30,560 on 17th January, 2017 and Rs.4,30,560/- on 11th April, 2017) and the said amount has been deposited by the Commissioner, Employees' Compensation with the State Bank of India, Vivek Vihar Branch. The petitioner has also deposited the interest amount of Rs.4,90,877/-. As such, a total amount of Rs.13,51,997/- has been deposited by the petitioner as the compensation and interest due thereon.

7. Respondents no.1 and 2 are present in Court and have produced the passbook of their joint savings bank A/c No.30826989514 with State Bank of India, Machhli Shahr, Dist. Jaunpur, Uttar Pradesh, Code 1686. Respondents no.1 and 2 have also produced their PAN cards and Aadhaar cards.

8. The Commissioner, Employees' Compensation is directed to disburse the compensation amount deposited by the petitioner to respondents no.1 and 2 in the following manner:

(i) Rs.12,60,000/- be kept in 120 FDRs of Rs.10,500/- each for the period

1 month to 120 months respectively with cumulative interest in the joint names of Ramesh Chand Gupta (respondent no.1) and Urmila Gupta (respondent no.2).

(ii) The balance amount, after keeping Rs.12,60,000/- in FDRs, be released to respondents no.1 and 2 by transferring the same to their aforesaid joint savings bank A/c No.30826989514 with State Bank of India, Machhli Shahr, Dist. Jaunpur, Uttar Pradesh, Code 1686.

(iii) State Bank of India, Machhli Shahr, Dist. Jaunpur, Uttar Pradesh is directed not to issue any cheque book or debit card to respondents no.1 and 2. However, if the same have already been issued, State Bank of India, Machhli Shahr, Dist. Jaunpur, Uttar Pradesh is directed to withdraw/cancel the same and send a compliance report to this Court within two weeks.

9. The Commissioner, Employees' Compensation has imposed penalty of Rs.3,44,448/- on the petitioner. Learned counsel for the petitioner submits that the petitioner shall deposit the penalty amount with the Commissioner, Employees' Compensation positively within one week from today. Upon the aforesaid amount being deposited, the Commissioner, Employees' Compensation is directed to disburse the same in the following manner:

(i) Rs.3 lakh be kept in 6 FDRs of Rs.50,000/- each in the joint names of respondents no.1 and 2 for the period 6 months, 1 year, 1½ years, 2 year, 2½ years and 3 years respectively with cumulative interest.

(ii) The balance penalty amount of Rs.44,448/-, after keeping Rs.3 lakh in FDRs, be released to respondents no.1 and 2 by transferring

the same to their joint savings account No.30826989514, State Bank of India, Machhli Shahr, Dist. Jaunpur, Uttar Pradesh.

10. All the original FDRs shall be retained by State Bank of India, Vivek Vihar Branch. However, the statement containing FDR number, FDR amount, date of maturity and the maturity amount be furnished to respondents No.1 and 2.

11. The maturity amounts of the FDRs along with interest shall be transferred to the savings bank account of respondents No.1 and 2 bearing joint savings bank Account No.30826989514, State Bank of India, Machhli Shahr, Dist. Jaunpur, Uttar Pradesh.

12. No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.

13. List for reporting compliance on 6th September, 2017.

14. The record of the Commissioner, Employees' Compensation be returned back forthwith.

15. Copy of this judgment be given dasti to counsel for the parties under the signature of the Court Master.

16. Copy of this judgment be given dasti under signatures of Court Master to counsel for the parties as well as Mr. Sanjiv Kakra, learned counsel for State Bank of India who shall communicate this order to State Bank of India, Vivek Vihar Branch and file the compliance report before the next date of hearing.

AUGUST 22, 2017                                       J.R. MIDHA, J.
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