RAMESHWAR GOPE Vs. JHARKHANDI CHOUDHARY

JUDGEMENT

(1.) I.A. No. 5149/2014 has been filed with a prayer that the Insurance Company respondent Nos. 2 & 3 have deposited the cheque in favour of the appellant/claimant against the awarded amount but the learned Presiding Officer, Labour Court has expressed his inability to hand over the cheque to the appellant/claimant on the ground that original record is not available with him. It is a matter of surprise that officer of the rank of Principal District and Sessions Judge, who is posted as Presiding Officer, Labour Court has received the cheque deposited by the Insurance Company against the awarded amount drawn in favour of the claimants by opening a supplementary order sheet but refused to hand over the cheque by saying that original record is not available in court because the record has been transmitted to the Hon'ble High Court in M.A. No. 261 of 2013. It appears that it is nothing but a tendency to harass the litigants and therefore this remarks may be communicated to the Registrar (Vigilance) to record the same in his A.C.R.

(2.) It is the practice and procedure that in absence of original record the Presiding Officer of the Court is expected to open supplementary case record for further orders, if needed in disposed of case record. The cheque received by the Court should have been handed over to the appellant/claimant after proper identification and receipt.

(3.) It appears from the order dated 24.8.2013 that the Court has opened supplementary record and received the cheque but he has refused to hand it over to the claimant although there is no such order by this Court to withhold the cheque nor the Insurance Company has raised any objection.