Gujarat High Court
Bhavnagar Municipal Corporation vs Abdulkarim Daudbhai Lakhani & Anr on 8 September, 2014
Author: Paresh Upadhyay
Bench: Paresh Upadhyay
C/SCA/11894/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 11894 of 2014
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BHAVNAGAR MUNICIPAL CORPORATION ....Petitioner
Versus
ABDULKARIM DAUDBHAI LAKHANI & ANR. ....Respondents
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Appearance:
MR VISHAL PATEL FOR MR NIKUNT K RAVAL, ADVOCATE for Petitioner
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CORAM: HONOURABLE MR.JUSTICE PARESH UPADHYAY
Date : 08/09/2014
ORAL ORDER
1. Amendment is granted.
2. Heard Mr. Vishal Patel, learned advocate for Mr.Nikunt Raval, learned advocate for the petitioner - Corporation.
3. Challenge in this petition is made to the order passed by the Workmen Compensation Commissioner-cum- Labour Court, Bhavnagar dated 17.02.2014 in Workmen Compensation (Non-Fatal) Case No. 03 of 2012, whereby the respondent is ordered to be paid Rs.2,11,473/- and penalty of Rs.52,859/-.
4. It is submitted that pursuant to the impugned order, an amount of Rs.2,11,473/- is already deposited before the Workmen Compensation Commissioner-cum-Labour Court, Bhavnagar on 29.04.2014 and a copy of the receipt thereof is also placed on record as Annexure-B. It is also submitted that Page 1 of 2 C/SCA/11894/2014 ORDER the petitioner Corporation is not disputing the entitlement of the respondent to claim compensation, but what is disputed is the quantum thereof. It is submitted that according to petitioner Corporation, the respondent is entitled to Rs.1,05,736/-.
5. Issue notice to respondents returnable on 07.10.2014.
6. In the meantime, it would be open to the respondent No.1 to withdraw the amount of Rs.1,05,736/-, from the amount which is deposited with the Labour Court, Bhavnagar. There shall be stay against the impugned order, for the rest of the amount, till the next date of hearing.
Direct service is permitted.
(PARESH UPADHYAY, J.) mhdave/17 Page 2 of 2