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Judgment
S.V. Gangapurwala, J.—Heard. This is an application for withdrawal of amount deposited by the non-applicant before the Commissioner, Workmen''s Compensation.
The claim made by the present applicant before the Commissioner of Workmen''s Compensation is allowed. Aggrieved thereby, the employer has filed the present Appeal. The Appeal is admitted and pending for final hearing. As per the award passed by the Commissioner of Workmen''s Compensation, the applicant is held entitled to Rs. 3,19,600/- with interest at the rate of 12% p.a. and penalty of 20%.
Mr. Talsania, learned Counsel for the non-applicant No. 1 employer states that in view of the provisions of section 53 of the Employees'' State Insurance Act, 1948, the applicant is not entitled for the amount because it is the ESI Corporation that would make the claim. The deceased is covered under the said Act, and as such, the applicant may not be allowed to withdraw the amount. The applicant can receive the amount from the ESI Corporation.
Mr. Mehta, learned Counsel for the non-applicant No. 2-Employee State Insurance Corporation submits that in fact the claim has been rejected on the ground that the deceased employee was drawing more than Rs. 10,000/-.
Mr. Puri, learned Counsel for the applicant also states that the Deputy Director (Benefit) had written a letter to the non-applicant No. 1 that the deceased employee was not covered under the E.S.I. Act on or before the alleged accident and declaration form has been submitted posthumously and so the case cannot be admitted.
The amount awarded is under the provisions of the Workmen''s Compensation Act.
The letter, which is issued by the Deputy Director (Benefit) to the non-applicant No. 1 is with regard to the submission of declaration form posthumously. The learned Counsel for the non-applicant No. 2 states that the non-applicant No. 2 has initiated inquiry against its employee.
Be that as it may, the present applicant has given an undertaking to this Court that in case ESI Corporation sanctions the claim then the applicant would deduct the amount, which is received in the present proceedings and pay that amount to the employer-non applicant No. 1.
The non-applicant No. 2 shall re-inquire into the matter and about the entitlement of the claim in respect of the deceased employee. On inquiry, if it is found mat the deceased employee/his dependants are entitled to receive the amount from the ESI Corporation then the ESI Corporation shall deposit the said cheque in this Court, which would be subject to further orders that would be passed by this Court. The said inquiry be completed by the non-applicant No. 2 within a period of six months.
Considering the above, if the ESI Corporation admits the claim then the rights of the present non-applicant No. 1 would stand safeguarded to the extent of the amount which is to be allowed to be withdrawn by the present applicant.
In light of the above, the present applicant is allowed to withdraw the amount of Rs. 5,80,580/- together with the accrued interest, if any, from the Commissioner of Workmen''s Compensation, Mumbai.
In an inquiry before the ESI Corporation, the parties are at liberty to submit the documents on which they want to place reliance as also the written submissions. Civil Application is disposed of.