Shaikh Shadul Shaikh Lateef v. Kohinoor Feeds And Fats Limited And ORS

27 fa 1011.08.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 27 FIRST APPEAL NO. 1011 OF 2008 SHAIKH SHADUL SHAIKH LATEEF

VERSUS

KOHINOOR FEEDS & FATS LIMITED & ORS ...

Advocate for Appellant : A N Ansari Advocate for Respondents :S V Kulkarni for R/2 ...

CORAM : P.R. BORA, J.

DATE : 18-10-2016.

P.C. :

1.

In the present appeal the only grievance raised by the appellant was that the amount of penalty should not have been confiscated to the government but ought to have been directed to be paid to the claimants. However, when the appeal was taken up for hearing, Mr. Kulkarni, learned counsel appearing for the insurance company brought to the notice of the court that the amount of compensation was suo-moto deposited by the employer on 13-07-1995 before the Workmen's Compensation Commissioner i.e. within one month of the occurrence of the accident which has occurred on 16.06.1995.

2.

In the circumstances, infact the tribunal was not justified in making the order as about the penalty. Therefore, I do not see any merit in the appeal. Appeal stands dismissed. (P.R. BORA) JUDGE mub