UNITED INDIA INSURANCE COMPANY LTD Vs. WORKMENS COMPENSATION COMMISSIONER
LAWS(UTN)-2013-7-169
HIGH COURT OF UTTARAKHAND
Decided on July 19,2013

UNITED INDIA INSURANCE COMPANY LTD Appellant
VERSUS
WORKMENS COMPENSATION COMMISSIONER Respondents

JUDGEMENT

- (1.) By means of this writ petition the petitioner has prayed for to issue a writ or direction in the nature of certiorari for quashing the order dated 28.05.2013 passed by learned Workmen Compensation Commissioner / Additional District Magistrate, Dehradun in Case No. 08 of 1998, Smt. Chandra Kala Vs Smt. Kanchan Singh & others and further direction in the nature of mandamus commanding the respondent No. 1 to withdraw notice dated 16.11.2010 whereby the petitioner was directed to pay a additional sum of Rs. 4,49,669 to the claimants.
(2.) Brief facts, giving rise to this petition, are that respondent Nos. 3 to 5 filed a claim petition before the Workmen Compensation Commissioner, which was decided ex-parte against the petitioner vide order dated 17.10.2002. Subsequently, the petitioner moved an application under Order 9 Rule 13 of C.P.C. on 08.01.2003 for recalling the order of the ex-parte award. The said application was rejected by the learned Commissioner vide order dated 03.04.2006. Aggrieved by the order of the learned Workmen Compensation Commissioner, the petitioner preferred Writ Petition (M/S) No. 987 of 2006 before this Court. This Court vide order dated 01.08.2006 quashed the order dated 03.04.2006 2 passed by respondent No. 1 and the case was sent back to the Workmen Compensation Commissioner for deciding the application for setting aside the ex-parte order moved by the petitioner afresh and thereafter decide the claim petition according to law.
(3.) The grievance of the petitioner is that before coming to the High Court against the order of rejection of application under Order 9 Rule 13 of C.P.C, the petitioner deposited a cheque bearing No. 065848 dated 13.07.2006 amounting to Rs. 4,18,779/- (Awarded amount Rs. 2,25,220 + interest Rs. 2,15,544/- + TDS Rs. 21,985/-). The said cheque was deposited along with an application dated 14.07.2006 with the prayer that the payment shall not be made to the claimants, till the disposal of the appeal. Thereafter, the said cheque was not deposited by the Office of the learned Workmen Compensation Commissioner. The office of the learned Workmen Compensation Commissioner vide letter dated 02.06.2010 requested the petitioner Insurance Company to submit a fresh cheque within a week in order to make the payment to the claimants. The petitioner/Insurance Company on 10.06.2010 deposited a cheque bearing No. 365909 of IndusInd Bank Ltd, Rajpur Road, Dehradun for a sum of Rs. 4,18,779/- to the Workman's Compensation Commissioner. This fact is not disputed at all. Thereafter, the impugned notice dated 16.11.2010, by which, the petitioner/Insurance Company was directed to deposit Rs. 4,49,669/-, which included interest Rs. 1,28,055) and penalty (Rs. 3,21,614/-), against which the petitioner has filed objection on 04.01.2011 on the ground that it is not the default of the petitioner/Insurance Company, but it is a default of the Office of the learned Workmen Compensation Commissioner.;


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