LAWS(MPH)-2023-10-130

NARENDRA Vs. PRABANDHAK SHAN PHARMACEUTICAL

Decided On October 31, 2023
NARENDRA Appellant
V/S
Prabandhak Shan Pharmaceutical Respondents

JUDGEMENT

(1.) None for the respondent despite service of notice.

(2.) This miscellaneous petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dtd. 18/5/2022 (Annexure P-2), passed in Execution Case No.3/2019 by the Commissioner under the Workmen's Compensation Act/Labour Court, Pithampur District Dhar; whereby, in an execution proceedings, the learned judge of the Labour Court has observed that in the award which has been passed jointly and severally against the respondents, the respondent no.1 has already satisfied his part of the award which is Rs.3,53,729.00, and the remaining amount can be recovered from respondent no.2 and 3, who are the contractors.

(3.) In brief, facts of the case are that the petitioner was earlier employed with respondent no.1/Shan Pharmaceutical Ltd. where he met with an accident on 13/8/2016, as he fell from third floor. Subsequently, he also filed an application under the Workmen's Compensation Act, which was allowed vide award dtd. 19/11/2018 (Annexure P-1), directing the respondents to pay a sum of Rs.9,03,995.00 along with interest @ 12%, and medical expenses of Rs.1,57,191.00 have also been awarded. As the amount was not paid by the respondents, an execution case was filed by the petitioner in which the aforesaid impugned order has been passed which is under challenge before this Court.