VIJAYKUMAR CHIRANJILAL MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the petitioner in Special Civil Application No.4360 of 2015 aggrieved by the order of learned Single Judge dated 16.2.2016. There is an order passed against the petitioner under the provisions of the Workmen Compensation Act on 18.3.2009 for payment of Rs.3,26,569/- + penalty and interest. The said order has become final. When the amount of compensation was not paid in terms of the order dated 18.3.2009, the workman approached the Tribunal for issuance of recovery certificate. The recovery certificate was issued for an amount of Rs.4,49,746/-. Consequential to recover the amount, when the notice was issued, the petitioner filed review application on 5.7.2014 seeking review of the order dated 18.3.2009. On the ground that during the pendency of the review application, the respondent-authorities were taking steps to recover the amount, the petitioner approached this Court and filed Special Civil Application. During the pendency of the Special Civil Application, the petitioner has deposited the amount in terms of the recovery proceedings to the tune of Rs.4,49,746/-.

(2.) At the time of disposal of Special Civil Application, request is made on behalf of the appellant-petitioner seeking directions to the authority to dispose off the review application filed by the petitioner. Such request is refused by learned Single Judge and paragraph 4.4. of the order reads as under:

(3.) In this appeal, it is admitted by learned counsel for the appellant that he has already deposited the amount of Rs.4,49,746/- and further that the review application was already heard and is reserved for orders from September, 2015. As such, he has made a request to direct the respondents to dispose off the review application uninfluenced by the observations made by the order dated 16.2.2016 with a further direction not to allow the workman to withdraw the compensation which he has already deposited.