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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.
NEUTRAL CITATION
C/FA/1213/2010 JUDGMENT DATED: 04/12/2025
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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
NEUTRAL CITATION
C/FA/1213/2010 JUDGMENT DATED: 04/12/2025
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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.
NEUTRAL CITATION
C/FA/1213/2010 JUDGMENT DATED: 04/12/2025
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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
NEUTRAL CITATION
C/FA/1213/2010 JUDGMENT DATED: 04/12/2025
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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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C/FA/1213/2010 JUDGMENT DATED: 04/12/2025
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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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C/FA/1213/2010 JUDGMENT DATED: 04/12/2025
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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.
NEUTRAL CITATION
C/FA/1213/2010 JUDGMENT DATED: 04/12/2025
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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.
(D. M. DESAI,J)
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