M/S Maruthi Suzuki India Ltd vs Smt. Indira
2022 Latest Caselaw 2242 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 11TH DAY OF FEBRUARY, 2022

                       BEFORE

       THE HON'BLE MR. JUSTICE P. KRISHNA BHAT


 MISCELLANEOUS FIRST APPEAL NO. 7656 OF 2013


APPELLANT/S

M/S. MARUTHI SUZUKI INDIA LTD.,
(FORMERLY M/S. MARUTHI UDYOG LTD.,)
NO. 202, 2ND FLOOR,
EMBASSY CLASSIC
VITTAL MALLYA ROAD
BANGALORE.
REP. BY ITS DGM, SRI. SURENDRA KUMAR.

(BY SRI. PRASANNA DESHPANDE, ADVOCATE)

            -V/S-
RESPONDENT/S

1.    SMT. INDIRA
      W/O LATE MALLAPPA
      AGED ABOUT 36 YEARS

2.    SRI. NANDA KUMAR
      S/O LATE MALLAPPA
      AGED ABOUT 12 YEARS
      REP. BY HIS NEXT FRIEND
      MOTHER SMT. INDIRA

      BOTH ARE RESIDING AT NO. 2
      BAG VILLAGE,
      SAKALESHPURA TALUK
      HASSAN DISTRICT.
 MFA. No. 7656/2013           2
----------------------------
3.      SRI. DESHRAJ
        LABOUR CONTRACTOR
        ALDECOR INTERIM PVT. LTD.,
        NO. 17/1, 11TH MAIN
        5TH BLOCK, JAYANAGAR
        BANGALORE.



     THIS MISCELLANEOUS FIRST APPEAL FILED U/S

30(1) OF W.C. ACT AGAINST THE JUDGMENT DATED

15.10.2011 PASSED IN NO. CWC/B-3/FC/CR-13/2007 ON

THE FILE OF THE LABOUR OFFICER AND COMMISSIONER

FOR WORKMEN COMPENSATION, SUB DIVISION, KARMIKA

BHAVAN, BANNERGHATTA ROAD, BANGALORE, AWARDING

A COMPENSAITON OF RS.2,33,320/- WITH INTEREST @

12% P.A. WITHIN 60 DAYS FROM DATE OF THIS ORDER.




     This Miscellaneous First Appeal is coming on for

orders this day, the Court made the following:



                           ORDER

The application -I.A. No. 1/2021 is filed for recalling

the order dated 25.11.2021, by which the appeal was

---------------------------- dismissed for non-prosecution for not taking necessary

steps.

Perusal of the records shows that the appeal itself

was filed with the delay of 628 days and hence, I.A. No.

1/2013 was filed for condonation of delay and the said

application is pending. Thereafter, the office had raised

objections regarding not taking steps by the appellant for

service of notice on respondent No.3. Inspite of that, steps

were also not taken. Therefore, there is no good ground to

recall the order dated 25.11.2021.

Taking note of the fact that the award in question was

made to give some succor by way of compensation on

account of the death of a workman, I.A. No. 1/2021 is

dismissed.

I.A. No. 1/2013 is dismissed. Consequently, appeal is

also dismissed.

----------------------------

The amount in deposit shall be transmitted to the

Labour Commissioner forthwith for the disbursal of the

same to the claimants.

Sd/-

JUDGE

NOTE: Vide Court Order dt.11.02.2022, Office objections

are not complied with. Hence Appeal stands dismissed.

Sd/-

I/C ASSISTANT REGISTRAR T By : UN R By : DS C By : RM