New India Assurance Company Ltd vs Diwanchand Lal

Sharad Kumar Sharma, J

The contempt petition has been preferred by the New India Assurance Company Ltd. contending thereof non-compliance of the order passed by this Court on 16.05.2011 in Appeal from Order No. 173/2011 'New India Assurance Company Ltd. vs. Puran Lal & Another', whereby, this Court has passed the interim order to the following effect:

"Heard Mr. M.K. Goyal, Advocate holding brief of Mr. P.C. Maulekhi, learned counsel for the appellant and perused the record.

Learned counsel for the appellant contended that the compensation was awarded to the elder brother of the deceased and the appellant is not entitled for any compensation. The matter required scrutiny.

Substantial questions of law have already been framed in the memo of appeal.

Admit the appeal.

Summon the lower court record.

Issue notice to the respondents returnable at an early date.

List after receipt of the lower court record.

The appellant has already deposited a sum of Rs. 5,86,755/- before the Workmen Compensation Commissioner/Deputy Labour Commissioner, Kumaon Region, Haldwani. Till the next date of listing the amount shall not be disbursed to the claimants.

(Stay application no. 4676 of 2011 stands disposed of.)

Let a certified copy of this order be furnished to the learned counsel for the appellant within 48 hours on payment of the usual charges."

The case of the New India Assurance Company in the present contempt is that despite of passing of the interim order dated 16.05.2011 still the amount as determined by the Workman Compensation Commissioner, has been disbursed to respondent no. 1 of the contempt petition. The question which arose for consideration during argument before this Court is the date and time at which the Workman Compensation Commissioner was made aware of the interim order dated 16.05.2011 and at what time it was placed on record. To verify the aforesaid fact the records of the proceedings before Workman Compensation Commissioner was summoned and perused by this Court. On perusal of the records the important aspects which had been taken into consideration by this Court and which are revealed from the records are:

That the claimant/respondent had filed an application for the remittance of the amount determined by the Workman Compensation Commissioner and the endorsement as made on the said application shows that the amount has been received by claimant/respondent at 11:15 AM on 18.05.2011, whereas, in accordance with the application, which was filed by the New India Assurance Company Ltd. before the Workman Compensation Commissioner, it was filed on 18.05.2011, after the payment was disbursed at 11:15 AM on same day there is an endorsement of the Court itself that the interim order dated 16.05.2011 infact was received by the Court at 11:33 AM only on 18.05.2011.

The contempt cannot be alleged to have been committed deliberately by the respondents of the interim order dated 16.05.2011 for the reason that even before the Workman Compensation Commissioner could have been made aware of the passing of the interim order the payment in pursuance to the claim, which stood allowed and which has been determined by him, was already disbursed to the workman at 11:15 a.m. Hence, it cannot be said that the respondent had committed a deliberate and intentional contempt of flouting the interim order dated 16.05.2011 as passed in the Appeal from Order.

Hence, this contempt petition would stand closed and notice thus issued by this Court on 19.07.2011 would stand discharged.

Having said so, the Workman Compensation Commissioner is directed to conduct an appropriate inquiry as to how the affidavit, which has been submitted by the workman on 16.05.2011 in its paragraph-2 makes a reference of subsequent date, i.e. 18.05.2011, which apparently seems to be an endorsement made at a later stage that too be writing it by hand referring about an incident which has not chanced till the date the affidavit was notarized. The Workman Compensation Commissioner will conduct an enquiry in relation to the endorsement made in the affidavit and submit his report within a period of three weeks from today pertaining to the aforesaid direction before this Court in Appeal from Order No. 173 of 2011 'The New India Assurance Company Ltd. vs. Puran Lal & Another'.

Subject to the direction as given herein in paragraph 5 this contempt is closed.