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Madras High CourtCMP(MD)/2025/2022rejected

A. Abusali, v. Sournam,

2022-04-06Honourable Mr Justice Rmt. Teekaa Raman2 pages

CMP(MD) No.2025 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Sixth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN CMP(MD) No.2025 of 2022 in C.M.A(MD)SR.61049 of 2021 A.ABUSALI ... PETITIONER/APPELLANT Vs

1. SOURNAM

2. THE SUPERINTENDING ENGINEER, TAMIL NADU ELECTRICITY GENERATION AND DISTRIBUTION CORPORATION, TANJAVUR.

... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the Petitioner/Appellant to file the appeal without making pre deposit as contemplaed under Sec 30 of the Employees Compensation Act, 1923 pursuant to the order of the Commissioner for Employees Compensation/Joint Commissioner for Employees Compensation / Joint Commissioner of Labour, Tiruchirappalli dated 31.08.2021 in EC Case No. 118 of 2013.

PRAYER in C.M.A(MD)SR.61049 of 2021 :

Pleased to set aside the order of the Commissioner for Employees Compensation / Joint Commissioner of Labour, Trichirapalli in EC No.118 of 2013 dated 31.08.2021 and allow the appeal. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.S.GOPALAN AND CO, Advocate for the petitioner, the court made the following order:- The petitioner sought for exemption from paying the statutory deposit as contemplated under Section 30 of the Employee's Compensation Act.

2.Heard the learned counsel appearing for the petitioner and perused the materials placed before this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.2025 of 2022 3.The petitioner is not a statutory body, but an individual person. Hence, the petition is rejected. The petitioner is granted four weeks time from today, for depositing the award amount. After production of deposit receipt by the petitioner, office to number the appeal, if it is otherwise in order.

sd/- 06/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SUPERINTENDING ENGINEER, TAMIL NADU ELECTRICITY GENERATION AND DISTRIBUTION CORPORATION, TANJAVUR.

2. THE COMMISSIONER FOR EMPLOYEES COMPENSATION / JOINT COMMISSIONER OF LABOUR, TIRUCHIRAPALLI.

COPY TO :

THE SUB-ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.2025 of 2022 in C.M.A(MD)SR.61049 of 2021 Date :06/04/2022 USK/VR/SAR-II/29.04.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2