Ponrani v. The Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI in W.P.(MD)No.23748 of 2023

1. Ponrani

2. Minor Kaviya

3. Minor Manisha (Minors 2 and 3 are repersented by their mother and natural guardian, the 1st petitioner herein)

4. Jeyakodi Petitioner(s) versus

1. The Branch Manager, National Insurance Company Ltd., Door No.37/40, Salem Main Road, Mettur Dam Railway Station, Mettur, Salem District.

2. The Joint Commissioner of Labour, Employee Compensation Act Commissioner, Tirunelveli.

3. K.S.Nirmala Respondent(s) 1/4

This petition has been filed under Article 226 of the Constitution of India, seeking to permit the petitioner to withdraw the deposited amount in E.C.No.93 of 2019 on the file of the Joint Commissioner of Labour, Tirunelveli, of Rs.9,88,567/- with accrued interest.

For Petitioner(s):

Mr.K.Karnan Advocate For Respondent(s):

Mr.D.Sivaraman, Advocate for R1 Mr.S.Vinodh, Government Advocte for R2

ORDER

The petitioners/respondents in W.P.(MD)No.23748 of 2023 have filed this petition seeking permission to withdraw the amount of Rs.9,88,567/- which was deposited into the credit of E.C.No.93 of 2019 on the file of the Joint Commissioner of Labour, Tirunelveli, along with accrued interest.

2. It appears that the petitioners/respondents have filed an application before the Joint Commissioner of Labour, Tirunelveli, in E.C.No.93 of 2019, seeking compensation under the Workmen's Compensation Act for the death of one Muthupandi, who died in an accident that had taken place on 14.05.2019. The 2/4

petitioners are the wife, children and mother of the deceased Muthupandi. The Joint Commissioner, by order dated 05.05.2023, awarded the compensation of Rs.7,07,160/- and directed the Insurance Company to deposit the compensation of Rs.7,07,160/- along with interest at the rate of 12% from the date of accident till the date of deposit, without deducting the TDS amount. Aggrieved over the nondeduction of TDS amount, the Insurance Company has filed this writ petition.

3. The learned counsel appearing for the petitioners/claimants submits that the writ petitioner/Insurance Company has deposited a sum of Rs.9,88,567/- into the credit of E.C.No.93 of 2019 on the file of the Joint Commissioner of Labour, Tirunelveli. Since the pettioners' family is in financial crisis, they seek permission of this Court to withdraw the deposited amount of Rs.9,88,567/- along with accrued interest.

4. The learned counsel appearing for the Insurance Company/writ petitioner submits that the Insurance Company has filed this writ petition aggrieved over the non-deduction of TDS amount. He further submits that the Insurance Company is not having any objection for withdrawing the deposited amount.

5. Considering the rival submissions made, this petition is allowed and the petitioners/claimants are permitted to withdraw the amount of Rs.9,88,567/- which was deposited into the credit of E.C.No.93 of 2019 on the file of the Joint 3/4

Commissioner of Labour, Tirunelveli, along with accrued interest. sd/- 03/09/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

ogy To

1. The Branch Manager, National Insurance Company Ltd., Door No.37/40, Salem Main Road, Mettur Dam Railway Station, Mettur, Salem District.

2. The Joint Commissioner of Labour, Employee Compensation Act Commissioner, Tirunelveli.

+1 CC to M/s.D.SIVARAMAN, Advocate ( SR-9569[I] dated 03/09/2025 )

ORDER

IN in W.P.(MD)No.23748 of 2023 Date :03/09/2025 PS/SAR.09.09.2025 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4