1. Having considered the application and submission advanced on behalf of both the sides so also. Considering the order dated 10.05.2011 passed in Civil Application for stay No. 14560/2010, it transpires that this Court issued the interim order on the condition that the opponent No.2-Insurance Company shall deposit before the concerned Labour Court the amount, together with interest and cost. Upon deposit of the said amount in the Tribunal, according to the order dated 10.05.2011, the learned Commissioner for Workmen's Compensation was directed to invest the entire amount with cost and interest in fixed deposit in the nationalised Bank in the name of Nazir with cumulative interest.
2. Mr.
Parikh, learned advocate for the opponent No.2-Insurance Co. submitted that the said order is complied with by the concerned labour Court. However, the instant application is filed by the applicant, who is original respondnet No.1 in the appeal and who is original claimant, requesting that the periodical interest accrued on the FDR may be paid to the applicant.
3. The application is, therefore, opposed by the opponent No.2-Insurance Co.
4. I have taken into consideration the order dated 10.05.2011. It transpires that though the applicant herein was served, but nobody appeared on his behalf on 10.05.2011. This Court is also of the opinion that considering the facts and circumstances of the case and considering the nature of litigation as well as considering the request made by the applicant herein, the application deserves to be allowed in terms of paragraph 7(B) of this application. The applicant, therefore, is entitled to receive periodical interest on the aforementioned FDR. However, the amount of interest shall be made payable to him by the concerned Labour Court at the end of every quarter till the main appeal is disposed of. The applicant shall also file an undertaking on affidavit before this Court in the main appeal to the effect that if the main appeal shall be allowed, in that case, the amount of interest, which he would have received pursuant to this order, shall be returned back to the opponent No.2-Insurance Co. herein. Accordingly, the instant application stands disposed of.
(J.C.UPADHYAYA,J.) Braj.
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