Court No. - 38
Case :- FIRST APPEAL FROM ORDER No. - 1240 of 2021
Appellant :- M/S Pbs Foods (Sugar) Private Limited
Respondent :- Ram Autar And Another
Counsel for Appellant :- Arvind Kumar Singh
Hon'ble Siddharth,J.
Order on Civil Misc. Modification Application No. 2 of 2021 This modification application has been filed praying that the order dated 06.09.2021 passed by this Court, whereby 50% of the amount was released in favour of the claimant/respondent no. 1, may be modified and it should be directed that no amount should be released in his favour.
Learned counsel for the appellant submitted that the workman did not received any salary or wages from the appellant. He worked through the contractor under his supervision and not directly under the appellant. He has next submitted that the Employees' Compensation Commissioner has not appreciated the correct facts.
The prayer made in the application cannot be allowed as prayed.
However, it is provided that the amount of 50% directed to be released in favour of the claimant/respondent no. 1 by the order dated 06.09.2021 shall be released in his favour subject to furnishing of adequate security to the satisfaction of the Employees' Compensation Commissioner/Assistant Labour Commissioner, Bijnor, other than cash and bank guarantee.
The order dated 06.09.2021 stands partly modified to the extent stated above.
Order Date :- 30.9.2021 KS