NANABHAI VITTHALDAS PATEL Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) By this petition filed under Article 226/227 of the Constitution of India, the petitioner has challenged the decision/ notice dated 14.2.2014 at Annexure-A and sought direction against the respondent to pay him retiral benefits along with interest at the rate of 12% from the date of retirement.

(2.) The case of the petitioner is that the petitioner when was serving as Driver, the truck driven by him met with an accident resulting into death of one of the employees traveling in the vehicle. Heirs of the deceased employee, therefore, filed claim petition, being Motor Accident Claim Petition No.1923 of 1997 before the Motor Accident Claims Tribunal, Vadodara and the Tribunal ordered compensation of Rs.10,19,516/- with interest at the rate of 7.5% per annum to be recovered jointly and severally from the petitioner and the respondent company- employer of the petitioner. Judgment of the Tribunal is challenged by the Insurance Company by preferring No.3320 of 2007 which is pending before this Court. The petitioner has averred that he was due to retire on 28.2.2014, however by the impugned decision/ notice dated 14.2.2014, the respondent company has withheld retiral benefits of the petitioner on the ground of pendency of the appeal before this Court. It is further case of the petitioner that while discharging his duty as Driver, the accident occurred and the order passed by the Tribunal in the claim petition cannot be a ground for withholding of the retiral benefits.

(3.) The petition is opposed by affidavit-in-reply and the stand taken is that retiral benefits of the petitioner are withheld on account of the award made by the Tribunal holding the petitioner jointly and severally liable and also because the petitioner is also convicted in the criminal proceedings in connection with the accident. It is further stated that the respondent is bound to pay the retiral benefits of the petitioner after the First Appeal is finally heard and decided by this Court.