Order in the First Appeal No. 3649 of 2012 Learned Advocate Mr. Sunil B. Parikh has fairly submitted that by preferring this First Appeal, the appellant is mainly challenging the liability of interest amount to be paid by the present appellant and he has restricted to his challenge in this First Appeal for the interest part only, which has been awarded by the Labour Court, Junagadh.
It is further submitted that the appellant has deposited the total amount of Rs.95,885/- and after Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed Feb 08 04:47:24 IST 2017 C/FA/3649/2012 ORDER deducting the amount of Rs. 58,986/- from the said deposited amount, the rest of the amount of Rs.36,899/- has been deposited towards interest and the said interest amount is required to be deposited in any Nationalized Bank by way of Cumulative F.D.R. for the period of three years.
Learned Counsel Mr. Tushar L. Sheth for the other side, has no objection for the same.
Hence, the Appeal is admitted.
Order in Civil Application No. 13105 of 2012 Mr. Sunil B. Parikh submitted that since the amount is deposited by the applicant-Insurance Company, presence of Respondent no.2 is not required. Therefore, name of respondent no.2 may be deleted qua this Civil Application. Permission is granted.
RULE. Mr. Tushar L. Sheth waives service of Rule for the respondent no.1-Original Claimant.
The Labour Court, Junagadh is hereby directed to invest the amount of Rs.36,899/- towards interest deposited by the applicant, in cumulative Fixed Deposit in a nationalized bank, initially for a period of three years. In case, if the appeal is not decided within the said period, the said Fixed Deposit will be renewed from time to time. This stipulation will be made with the Page 2 of 3 HC-NIC Page 2 of 3 Created On Wed Feb 08 04:47:24 IST 2017 C/FA/3649/2012 ORDER bank that the renewal of the FDR shall be automatic.
With the aforesaid direction, the application is disposed of. Rule is made absolute accordingly.
(G.B.SHAH, J.) Siddharth// Page 3 of 3 HC-NIC Page 3 of 3 Created On Wed Feb 08 04:47:24 IST 2017