Butki Bai v. Chhattisgarh Earth Movers

HIGH COURT OF CHHATTISGARH, BILASPUR WPL No. 97 of 2020

1. Butki Bai, W/o. Shri Dakshina Das @ Deepak Das, Aged About 49 Years.

2. Dakshina Das @ Deepak Das, Aged About 56 Years. Both R/o. Through Purosottamdas Manikpuri, Old Power House Devrikhurud, Tahsil And District Bilaspur, Chhattisgarh. ---- Petitioners

Versus

1. Chhattisgarh Earth Movers, Through Proprietor Moh. Hussain, S/o. Rafik, R/o. Bairan Bazar Raipur, District : Raipur, Chhattisgarh

2. Future General India Co. Insurance Ltd. R/o Excise Division Raipur, District Raipur, Chhattisgarh ---- Respondents For Petitioners :

Mr. K.P.S.Gandhi, Advocate Hon'ble Shri Justice Goutam Bhaduri

ORDER

20.10.2020 Heard

1. The present petition is against the order dated 07.09.2020 whereby the application filed by the petitioners to release the amount, which is deposited pursuant to the award passed in W.C.A. on 21.01.2020 has been rejected. The award was passed in favour of Butki Bai & Dakshina Das, mother & father and three sisters. In the award Rs. 2,45,903/- was deposited in the Saving Bank Account of Bukti Bai and Rs.2,00,000/- was directed to be deposited in FDR for 5 years; Rs.2,50,000/- was deposited in the Saving Bank Account of Dakshina Das and Rs.2,00,000/- was deposited in FDR for 3 years. In respect of sisters namely Radhika, Sukrita & Soniya they were given Rs.1,50,000/- each and was directed to be placed in the FDR for 1, 2 & 4 years respectively. Subsequently, the petitioner filed an application before the Workmen Compensation and sought for premature enchashment of the FDR on the ground that two sisters Radhika & Sukrita who remained

to be married, their marriage has been fixed on 28th November, 2020; therefore, the FDR may be paid by premature payment.

2. Learned counsel for the petitioners submits that in respect of FDR made in the name of the sisters they do not want to disturb the same, however, in respect of the other FDR that may be released premature.

3. Perused the documents. Invitation programme of the marriage of Radhika & Sukrita has been filed, which shows that their marriage is fixed on 28 th November, 2020. The petitioners who sought for premature payment of FDR are father & mother. Considering the social background and Indian culture, it is an obligation to marry their children persists. Considering the same, to meet out the exigencies, it is directed that the FDR made in respect of Dakshina Das which was initially made of Rs.2,00,000/- shall be released by the payment so as to perform the marriage of the daughters. In respect of FDR of Butki Bai, it shall not be subject of premature payment.

4. With the aforesaid observation, this writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Aks