Bhavnagar Municipal Corporation vs Sangitaben Jayeshbhai Goradiya ...
2021 Latest Caselaw 10145 Guj

       C/FA/1992/2021                                          ORDER DATED: 30/07/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 1992 of 2021

                                 With
         CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2021
                   In R/FIRST APPEAL NO. 1992 of 2021
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               BHAVNAGAR MUNICIPAL CORPORATION
                            Versus
         SANGITABEN JAYESHBHAI GORADIYA (WIDOW OF DEC.)
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Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3
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  CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                 Date : 30/07/2021

                                  ORAL ORDER

ORDER IN FIRST APPEAL Heard learned advocate Mr.Rushabh Munshaw for the appellant.

2. It was stated that the amount awarded by the Commissioner for Employees Compensation as per the impugned judgment and award in Workman Fatal Application No.11 of 2011, has been deposited as per the statutory requirement.

3. Appeal is admitted on the following substantial questions of law arise for consideration.

(i) Whether an employee belonged to senior clerk and drawing salary of Rs.27,000/- p.m can be covered under the provisions of the Employees Compensation Act, 1923 ?

(ii) Whether the cause of death of the deceased came be termed as arising out of nature of the employment though he

C/FA/1992/2021 ORDER DATED: 30/07/2021

suffered from illness at his residence after office hours and passed away in a private hospital during the treatment on the next date due to heart attack ?

ORDER IN CIVIL APPLICATION Heard learned advocate Mr.Munshaw for the applicant.

2. Appeal is admitted by separate order of even date on substantial questions of law as mentioned in the order.

3. Rule returnable on 15.9.2021.

4. There shall be stay of the impugned judgment and award dated 24.5.2021 passed by Commissioner of Employees Compensation in Workman Fatal Application No.11 of 2011.

5. The amount deposited by the applicant shall be invested by the Court of the Commissioner in Cumulative Fixed Deposit with nationalized bank initially for a period of one year and renewable subject to further orders of this Court, the receipt of the Fixed Deposit shall be kept in the custody of the Nazir of the Court and shall not be utilized for any purpose without the orders of this Court.

The above order shall not preclude the respondents from seeking part of the disbursement of the amount before this Court to be considered on its own merits and in accordance with law.

(N.V.ANJARIA, J) Manshi