Orissa High Court
M/S.Consolidated Construction vs The Commissioner For The ... on 14 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.847 of 2019
M/s.Consolidated Construction .... Appellant
Consortium Ltd.
Mr. S. Mishra, Advocate
-versus-
The Commissioner for the Employee's .... Respondents
Compensation-cum-Divisional Labour
Commissioner, Cuttack and others
Mr. B. Mohanty, Advocate for Respondent Nos.2 & 3
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
14.07.2023
Order No.
10. 1. Heard Mr. S. Mishra, learned counsel for the Appellant and
Mr. B. Mohanty, learned counsel for the Respondent Nos.2 & 3.
2. Present appeal by the employer is directed against the
impugned order dated 06.09.2019 passed in W.C. Case No.158-
D/2012 by learned Commissioner for Employee's Compensation-
cum-Divisional Commissioner, Cuttack.
3. The facts of the case reveal that learned Commissioner vide
common judgment dated 19.8.2013 directed for payment of
Rs.5,05,197/- along with interest @12% per annum from the date
of accident, i.e.6.5.2012 till the date of payment. A sum of
Rs.5,05,197/- was deposited before learned Commissioner by the
Appellant on 30.6.2016 sans the interest amount. The said amount
deposited before the learned Commissioner was disbursed to the
claimants on 6.9.2018. Thereafter on the application of the
claimants, learned Commissioner vide impugned order dated
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2023 10:46:39
6.9.2019 directed for deposit of the interest @12% per annum till
6.9.2019. The Appellant is aggrieved with the said order on the
ground that he is not liable to pay interest after the amount was
deposited before learned Commissioner on 30.6.2016. In other
words, addition of interest @12% beyond 30.6.2016 is stated to
be illegal in the direction of the learned Commissioner.
4. It is seen that the original award of learned Commissioner
dated 19.8.2013 was challenged by the present Appellant in a
separate appeal before this Court which was dismissed on
14.8.2018 upon adjudication. Thus it is clear that the Appellant
has deposited the award amount prior to the dismissal order
passed by the High Court in the appeal. Nevertheless, in terms of
the original award dated 19.8.2013, the Appellant is liable to pay
interest till the date of payment. Since the award amount was
undisputedly deposited on 30.6.2016, irrespective of the date of
disbursal of the same in favour of the claimants, the date of
payment has to be interpreted as such to hold the same on
30.6.2016. Therefore, the Appellant is found justified in its
contention that it is not liable to pay the interest amount after
30.6.2016. The direction of learned Tribunal to the contrary is
thus set aside.
5. In the result, it is held that the claimants are entitled for interest
@12% per annum from the date of accident till 30.6.2016 and the
impugned order of learned Commissioner is modified to that
effect. The interest so entitled till 30.6.2016 be disbursed in
favour of the claimants. Since the entire amount of interest as per
the direction of learned Commissioner contained in the impugned
Signature Not Verified
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2023 10:46:39
order dated 6.9.2019 has already been deposited before this
Court, the same is directed to be returned to learned
Commissioner by the Registry and learned Commissioner is
further directed to disburse the amount accordingly with accrued
interest thereon proportionately and rest amount be returned to
the Appellant.
6. Accordingly, the appeal is disposed of.
( B.P. Routray)
Judge
B.K. Barik
Signature Not Verified
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2023 10:46:39
