Paschim Gujarat Vij Co. Ltd Through ... vs Induben Vallabhdas
2025 Latest Caselaw 4764 Guj

Gujarat High Court

Paschim Gujarat Vij Co. Ltd Through ... vs Induben Vallabhdas on 16 June, 2025

                                                                                                                    NEUTRAL CITATION




                            C/FA/347/2009                                          JUDGMENT DATED: 16/06/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/FIRST APPEAL NO. 347 of 2009


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

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                                  Approved for Reporting                           Yes           No

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                           PASCHIM GUJARAT VIJ CO. LTD THROUGH EXECUTIVE ENGINEER
                                                     Versus
                                         INDUBEN VALLABHDAS & ORS.
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                      Appearance:
                      MR VIRAL J DAVE(5751) for the Appellant(s) No. 1
                      MR K R MISHRA(6312) for the Defendant(s) No. 1,2,3
                      MS RV ACHARYA(1124) for the Defendant(s) No. 4
                      RULE SERVED for the Defendant(s) No. 5
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                        CORAM:HONOURABLE MR. JUSTICE HEMANT M.
                              PRACHCHHAK

                                                          Date : 16/06/2025

                                                         ORAL JUDGMENT

1. Present appeal is filed by the appellant - Paschim Gujarat Vij Company Limited against the judgment and award dated 09.05.2007 passed by the learned Commissioner for Workmen's Compensation, Junagadh in Workmen's Compensation Case (F) No. 42 of 1997, whereby the learned Commissioner has awarded compensation of Rs.35,251/- with interest @ 9% p.a. in favour of original claimants and also directed the

NEUTRAL CITATION

C/FA/347/2009 JUDGMENT DATED: 16/06/2025

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appellant to pay penalty of Rs.5,525/- with 10% interest.

2. Heard Mr. Viral J. Dave, learned advocate for the appellant, Mr. K.R. Mishra, learned advocate for the respondent Nos.1, 2 and 3 and learned advocate Ms. R.V. Acharya for the respondent No.4. Though served, no one appears for the respondent No.5 and have also perused the original record and proceedings.

3. Though various grounds have been raised in the memo of appeal, the fact remains that the total amount involved in the appeal is only Rs.35,251/-. Considering the smallness of amount, this Court deems it fit not to exercise jurisdiction under Section 30 of the Workmen's Compensation Act. Accordingly, only on the ground of smallness of amount with a further clarification that this may not be considered as precedent in other matters, the appeal is dismissed. However, there shall be no order as to costs.

4. Record and proceedings, if any, be sent back to the concerned Court forthwith.

(HEMANT M. PRACHCHHAK,J)

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