Gujarat High Court
Gauriben Andabhai Parmar vs Muljibhai Alabhai Parmar on 11 October, 2021
Bench: A.S. Supehia
C/SCA/8406/2021 ORDER DATED: 11/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8406 of 2021
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GAURIBEN ANDABHAI PARMAR
Versus
MULJIBHAI ALABHAI PARMAR
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Appearance:
MR. HEMAL SHAH(6960) for the Petitioner(s) No. 1,2,3,4,5
MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 2
NOTICE UNSERVED(8) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 11/10/2021
ORAL ORDER
Draft amendment is allowed in terms of draft. The same shall be
carried out forthwith.
At the request of the learned advocate Mr.Hemal Shah, the
respondent no.1 is deleted from the array of the parties.
1. Rule. Learned advocate appearing for the respondent no.2 waives
service of notice of rule.
2. In the present petition, the petitioners have prayed for the following
reliefs:-
"16.(a) Your Lordship may be pleased to issue appropriate writ, order
or direction to modify the order dated 4/5/2019 and 30/4/2019 passed
by the labour court, Rajkot and thereby order the Labour Court to pay
30% amount falling in shares of the petitioner in cash via account
payee cheque and keeping the remaining amount invested in fixed
deposit for the remaining term from 5 years and;
(b) Such other and further relief/s as may be deemed just and necessary
in the facts and circumstances of the present case may kindly be
granted;
(c) Your Lordships may be pleased to issue appropriate writ, order or
direction thereby quashing and setting aside the order dated 4/5/2019
and 30/4/2019 passed by the Labour court, Rajkot and thereby ordering
the entire sum lying in fixed deposit to be released in favour of the
C/SCA/8406/2021 ORDER DATED: 11/10/2021
present petitioners via account payee cheque after due verification as
per the direction of this Hon'ble Courts order dated 25/07/2016."
3. The brief facts of the present case are as under:-
3.1. The petitioners are the legal heirs and representatives of the
deceased, who died in the accident and thus had filed WC (f) no. 19/2006
before the Labour Court, Rajkot for claiming the compensation.
Thereafter, the Labour Court vide order dated 15.07.2014 awarded
Rs.3,95,162/- along with the interest at the rate of 12% to be paid to the
petitioners. Thereafter, the opponent-Insurance Company, being
aggrieved by the Labour Court's order, filed appeal before this Court
vide First Appeal No.3169 of 2014, which was also decided in favour of
the petitioners vide order dated 28.08.2018. Thereafter, the petitioners
filed civil application for disbursement of the amount lying in the fixed
deposit in the names of the present petitioner vide WC (distribution)
Application No.20/2019, which was decided on 30.04.2019. The
petitioner then aggrieved by such order filed a review application, which
was rejected vice order dated 04.05.2019. Hence, the petitioners have
filed the present petition challenging the above mentioned orders and
seeking disbursement of the amount lying in the fixed deposit as per order
of the High Court dated 25.07.2016 in Civil Application No.10539 of
2014.
3.2. The petitioners had filed WC (F) No. 19/2006, which was decided
in the petitioners' favour vide order dated 15/07/2014 ordering the
respondent Insurance Company to pay Rs.3,95,162/- along with 12%
interest from the date of filing of the application till its realization. Thus,
the respondent Insurance Company filed appeal challenging the said
award and judgment dated 15.07.2014 vide First Appeal No.3169 of 2014
along with Civil Application No. 10539 of 2014 seeking stay of the said
judgment. The High Court vide order dated 25.07.2016 admitted the said
C/SCA/8406/2021 ORDER DATED: 11/10/2021
appeal and disbursed amount lying in the fixed deposit in the ratio of
30:70 meaning 30% of the amount may be disbursed to the claimants
while the remaining 70% may be invested in the fixed deposit for five
years.
3.3. The above mentioned First Appeal No.3169/2014 was finally heard
and decided on 28.08.2018 and the High Court upheld the award passed
by the Labour Court, Rajkot and dismissed the appeal filed by the
insurance company.
3.4. The respondent-Insurance Company, at the time of filing the
appeal had only deposited Rs.3,95,162/- on 23.07.2014 and even after the
High Court passed order on 25.07.2016 to deposit the amount as per the
award of the Labour Court, the remaining amount of Rs.8,08,832/- on
21.01.2019 that is even after four months of disposal of the appeal.
4. Learned advocate Mr.Hemal Shah appearing for the petitioners has
submitted that the petitioners had filed WC (distribution) Application No.
20/2019 for seeking disbursement of the amount deposited by the
Insurance Company and the amount lying in the fixed deposit. He has
submitted that the Labour Court, vide its order, disbursed the amount in
the ratio of 15:85 that is 15% of the amount in cash via account payee
cheque while the remaining 85% in the fixed deposit for five years and
hence, the petitioners filed review of the said order as there seemed to be
some calculative mistake of the Labour Court, which was also dismissed.
5. Learned advocate Mr.Hemal Shah for the petitioners has submitted
that the petitioners thus have approached the High Court to challenge
both the orders of the disbursement passed by the Labour Court, Rajkot
as the same are without application of mind and perverse and arbitrary.
C/SCA/8406/2021 ORDER DATED: 11/10/2021
6. Learned advocate Mr.Hemal Shah for the petitioners has submitted
that the the amount that is paid in cash to the petitioners is very less and
that too after about 20 years waiting the petitioners are receiving amount
that will not help in anyway in sustaining their livelihood. He has
submitted that the petitioners lost their main bread winner in the said
accident and currently the petitioners are in need of money.
7. Learned advocate Mr.Hemal Shah for the petitioners has submitted
that despite the order of the High court directing disbursing of the amount
in 30:70, ration the Labour Court has exceeded its jurisdiction in passing
the disbursement order of 15:85, which is not valid in law and requires to
be modified to the extent that the petitioners shall receive 30% of the
amount falling in their share in cash via account payee cheque.
8. Learned advocate Mr.Hemal Shah for the petitioners has submitted
that the petitioner no. 5 is minor while petitioner nos. 3 and 4 are both
married and they have relinquished their share in name of their mother
i.e. the petitioner no. 1.
9. Learned advocate Mr.Hemal Shah for the petitioners has submitted
that the Labour Court ought to have disbursed the 30% amount falling in
share of the each petitioner in cash via account payee cheque while
remaining 70% amount ought to be kept in fixed deposit on which the
petitioner may be able to receive periodical interest. Thus, he has
submitted that now since the appeal is already disposed of, the petitioners
are entitled to entire amount of Rs.11,01,000/- with accrued interest,
which is lying with the Workman Commissioner, Central Bank of India,
Rajkot bearing Fixed Deposit Nos.387824 and 528390. He has submitted
that after total amount of Rs.12,03,994/- out of 15 % of the aforesaid
amount is already disbursed to the petitioners and the remaining amount
of Rs.11,01,000/- may be disbursed to them.
C/SCA/8406/2021 ORDER DATED: 11/10/2021
10. Learned advocate for the respondent-Insurance Company has
submitted that the dispute is between the concerned court, in which the
amount has been deposited and not with the Insurance Company. It is
submitted that the Insurance Company has already deposited the amount
as per the award with interest.
11. Under the circumstances, since now nothing survives and the
appeal is already disposed of, the concerned Commissioner under the
Workman Compensation, Rajkot is directed to disburse the amount of
Fixed Deposit Receipt Nos. 387824 and 528390 to the present petitioners
with accrued interest after due verification through Demand Draft within
a period of two weeks from the date of receipt of the writ of this order.
12. The present petition is allowed. Rule is made absolute to the
aforesaid extent.
(A. S. SUPEHIA, J)
ABHISHEK
