SNEHA SURESH ACHARYA Vs. MODI APPARELS PVT LTD

JUDGEMENT

(1.) Heard. This is an application for withdrawal of amount deposited by the non-applicant before the Commissioner, Workmen's Compensation.

(2.) 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 ' 3,19,600/- with interest at the rate of 12% p.a. and penalty of 20%.

(3.) 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.