General Manager Northern Railway vs District Collector Office And Ors

J.R. Midha, J

The petitioner has challenged the order dated 04th June, 2019 for enforcement of the order dated 21st June, 2018 passed by

The accident dated 06th June, 2006 resulted in the death of Devraj who was working for the Railway’s Project through the Contractor. The

accident arose out of and during the course of employment of Devraj. The legal representatives of Devraj filed an application for compensation before

the Commissioner, Employees’ Compensation on 19th March, 2008 which was contested by the petitioner on the ground that the Contractor has to

indemnify the Railways against all claims for compensation for the workman employed by the Contractor.

Vide order dated 03rd  June, 2016, the Commissioner, Employees’ Compensation passed the award in favour of the legal heirs of Devraj with

liberty to the Railways to recover the amount from the Contractor.

The petitioner has not challenged the order dated 03rd June, 2016 which has attained finality.

Vide order dated 21st June, 2018, the Deputy Labour Commissioner initiated recovery proceedings to recover the award amount along with interest

from the petitioner in pursuance to which the respondent No.2 passed the attachment order on 04th June, 2019.

Vide order dated 18th July, 2019, this Court stayed the attachment order dated 04th June, 2019 subject to the deposit of the award amount with the

Registrar General of this Court. The petitioner has deposited Rs.5,55,474/- with the Registrar General of this Court in terms of the order dated 18th

July, 2019.

Respondent No.3 has savings bank A/c No.1526000100186851 with Punjab National Bank, Shakti Nagar Branch (IFSC Code:- PUNB0152600).

Respondent No.3 has placed on record the passbook of her savings bank account with endorsement that no cheque book or debit card has been issued

to respondent No.3.

The Registrar General is directed to discharge the FDR and UCO Bank, Delhi High Court Branch is directed to transfer the entire FDR amount

along with interest to Lajawanti @ Lajjawati (respondent No.3) by transferring the same to her savings bank account.

Upon receipt of the aforesaid amount, Punjab National Bank, Shakti Nagar Branch is directed to keep Rs.4,00,000/- in 40 FDRs of Rs.10,000/-

each in the name of Lajawanti @ Lajjawati, respondent No.3 for the period 1 month to 40 months with cumulative interest.

Lajawanti @ Lajjawati, respondent No.3 can withdraw the balance amount from her bank account.

All the original FDRs shall remain with Punjab National Bank, Shakti Nagar Branch. However, the statement containing FDR number, amount,

date of maturity and maturity amount shall be furnished to respondent No.3.

The maturity amounts of the aforesaid FDRs be released to the respondent No.3, by transferring the same to her savings bank account.

No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.

Punjab National Bank, Shakti Nagar Branch shall permit the respondent No.3 to withdraw money from her savings bank accounts by means of a

withdrawal form.

Lajawanti @ Lajjawati, respondent No.3 is present through video conference and submits that she is in dire need of money and therefore, the

amount be transferred to her account expeditiously.

The Registrar General and the UCO Bank, Delhi High Court Branch shall ensure the compliance of this order within five days.

Punjab National Bank, Shakti Nagar Branch shall issue the 40 FDRs for Rs.10,000/- in the name of Lajawanti @ Lajjawati within five days of the

receipt of this order.

The petitioner has filed the affidavit dated 10th March, 2021 according to which a sum of Rs.88,118/- is outstanding towards interest. The

petitioner is directed to transfer Rs.88,118/- directly in the savings bank account of Lajawanti @ Lajjawati with Punjab National Bank within a period

of five weeks from today.

Punjab National Bank, Shakti Nagar Branch is directed to send the status report to the Court by email.

Learned counsel for the petitioner submits that the petitioner shall recover the award amount from the contractor in terms of the award. The

petitioner is at liberty to do so in accordance with law.

The petition is disposed of in the above terms. The pending application is also disposed of.

List for reporting compliance on 05th July, 2021.

In the event of non-compliance, the concerned officer of the petitioner, responsible for non-compliance, shall remain present before this Court on

the next date of hearing.