MUNNI BEGAM Vs. ARVIND NIBJA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed challenging the order dated 9.7.2019 passed by the Commissioner, Labour Court No.1, Gwalior in Case No.MCC13/B/WCA/2019 by which the application filed by the petitioners for release of the amount which was deposited in the FDR has been rejected on the ground that no proceeding is pending before the Labour Court.

(2.) The necessary facts for disposal of the present petition in short are that on 27.9.2014, the son of the petitioner No.1 died in a road accident and, accordingly, the petitioners along with Hasan Khan filed an application under Sections 4, 10, 22 of the Employees Compensation Act which was registered as Case No.95-B/2014 WCA (Fatal). The said application was allowed and award dated 30.1.2016 was passed by the Commissioner, Employees Compensation Act, Labour Court No.1, Gwalior. It appears that by a separate order, the Labour Court No.1, Gwalior directed the Branch Manager, Union Bank of India, District Gwalior to deposit the amount in different FDRs for different periods. It is submitted that apart from petitioners, Hasan Khan, the husband of petitioner No.1 and father of petitioner No.2 was also one of the claimant who has expired on 26.9.2018 and the FDR No.835287 for an amount of Rs.50,000/-, FDR No.905698 for an amount of Rs.50,000/-, FDR No.905699 for an amount of Rs.50,000/- and FDR No.905700 for an amount of Rs.50,000/- were prepared for a period of two, three, four and five years respectively. It is submitted that FDR No.835287 has stood matured. The petitioners filed an application for payment of matured FDR as well as for premature termination of the remaining FDRS before the Court of Commissioner, Labour Court No.1, Gwalior. Firoz Khan S/o Hasan Khan has also submitted his affidavit that in case if the amount is paid to the petitioners, then he shall not have any objection. However, by order dated 9.7.2019 the Commissioner, Labour Court No.1, Gwalior has rejected the application. Thus, it is submitted by the counsel for the petitioners that all the FDRs which were prepared in the name of Late Hasan Khan may be terminated and the amount may be paid to the petitioners.

(3.) Heard the learned counsel for the parties.