A writ petition filed by an insurance company against recovery proceedings initiated by the Tahsildar concerning a Workmen Compensation decree was disposed of. The court held that objections should be raised before the Revenue Officer.
Direction to the petitioner to raise objections before the Revenue Officer with all supporting material and figures.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
MONDAY, THE 28TH DAY OF MARCH 2022 / 7TH CHAITHRA, 1944
WP(C) NO. 3442 OF 2021
PETITIONER:
NEW INDIA ASSURANCE COMPANY LTD.
REPRESENTED BY THE MANAGER, ITS REGIONAL OFFICE,
KANDAMKULATH TOWER, M.G ROAD, ERNAKULAM
BY ADVS.
PMM.NAJEEB KHAN
SMT.SAHEERA K.
RESPONDENTS:
1MOLLY
W/O.AUGASTHY, MOOLEL HOUSE, PALAKUZHA KARA,
MUVATTUPUZHA TALUK, ERNAKULAM-686 662
2AMBILI
D/O.AUGASTHY, MOOLEL HOUSE,
PALAKUZHA KARA,
MUVATTUPUZHA TALUK,
ERNAKULAM, ERNAKULAM-686 662
3AHSA
D/O.AUGASTHY, MOOLEL HOUSE,
PALAKUZHA KARA,
MUVATTUPUZHA TALUK, ERNAKULAM,
ERNAKULAM-686 662
4 ARUNS/O.AUGASTHY, MOOLEL HOUSE,
PALAKUZHA KARA,
MUVATTUPUZHA TALUK,ERNAKULAM,
ERNAKULAM,
ERNAKULAM-686 662
5 THE COMMISSIONER EMPLOYEES COMPENSATION, (INDUSTRIAL TRIBUNAL) ALAPPUZHA, REPRESENTED BY ITS SECRETARY-682 011WP(C) NO. 3442 OF 2021
2
6 THE TAHSILDAR, KOTTAYAM TALUK OFFICE, CIVIL STATION, KOTTAYAM-687 610BY ADV GOVERNMENT PLEADER
SRI.JIMMY GEORGE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 3442 OF 2021
JUDGMENT
Petitioner an Insurance Company indemnified the employer of any compensation to be entertained at the behest of any employee in case of any incident during the course of employment. In respect of four persons alleged to have died while in the course of employment, the legal representatives preferred claim petition under the Workmen Compensation Act and an amount was assessed and liability was fastened upon the Insurance Company. According to the submission of learned counsel for the petitioner, a sum of Rs.8,61,444/- vide Ext.P3 was deposited by way of Cheque bearing No.63082 dated 07.04.2016 in the account of Commissioner for Employees’ Compensation. It is contended that the requisition authority ie., office of Workmen's Compensation Commissioner sent a requisition to the Tahsildar for recovery of the amount whereby demand as per Ext.P6 dated 04.01.2021 was raised upon the petitioner. In
WP(C) NO. 3442 OF 2021
4
response to the notice, Tahsildar has filed a counter and submitted that the requisition was submitted by the Industrial Tribunal on 17.12.2020, whereby District Collector, Kottayam initiated recovery proceedings vide RRC No.2020/3678/04 dated 23.12.2020 against the Insurance Company to recover
an amount of Rs.12,60,471 + Collection Charges + DNF + interest.
appraised paper book.
and a communication to that effect dated 29.04.2016 sent to
the claimants vide registered post Ext.P4, reads as under:
Exhibit P3
“EKM TP HUB/04/2016
07/04/2016
Commissioner for Employee’s compensation.
Alappuzha
Sir,
Re: WCC No.38/12 – ECC No.187/14
We enclose herewith the following cheque being the award
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WP(C) NO. 3442 OF 2021
amount plus interest of the above case which was awarded on 22nd May, 2015:
| Case No. | **Cheque No. ** | Cheque DatePayee | Amount |
|---|---|---|---|
| WCC -38/12 | 63082 | 07/04/16 Commissioner |
for 8,61,444/- |
| ECC 187/14 | Employees’ | ||
| Compensation |
Kindly note that we have deducted Rs.58,891/- being the Income Tax @ 20% from the interest amount of Rs.2,94,455/- as no PAN No. is available with us. Award amount Rs.6,25,880/- + Interest Rs.2,94,455/- =
Rs.9,20,335/-
(less) Income tax 20% = Rs. 58,891/-
Rs.8,61,444/-
Exhibit P4
EKM TP HUB/4/2016
29th April, 2016
Moolel House, Palakuazha Kara, Muvattupuzha Taluk, Ernakulam dt.
4.Mr.Arun
RE: ECC NO.187/2014 (WCC NO.38/2012) IN THE COURT OF THE COMMISSIONER FOR EMPLOYEE’S
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WP(C) NO. 3442 OF 2021
COMPENSATION (INDUSTRIAL TRIBUNAL)
ALAPPUZHA
We enclose herewith the following cheques as details below being the award amount plus interest in the above case awarded by the Court on 22/5/2015:
| Sl.No. | Cheque No. | Cheque Date | Payee | Amount |
|---|---|---|---|---|
| 1 | 63191 | 29/04/16 | Molly | 2,15,361/- |
| 2 | 63190 | -do- | Ambili | 2,15,361/- |
| 3 | 63189 | -do- | Asha | 2,15,361/- |
| 4 | 63188 | -do- | Arun | 2,15,361/- |
Calculation
Award Amount : 6,25,880/Interest : 2,94,455/-
Total 9,20,335/-
Income tax deducted @20% : 58,891/-
Balance payable :8,61,444/-
The TDS certificate showing the deduction of income tax will be forwarded immediately.
There may have been some misunderstanding or miscommunication at the level of the requisition authority in sending requisition to the Revenue Officer/District Collector,
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WP(C) NO. 3442 OF 2021
authorising Tahsildar to take action, but the remedy for the petitioner was not to approach this Court directly under Article 226 of the Constitution of India, but could have raised all points as raised in this present petition with facts and figures before the Revenue Officer and this Court is sanguine of the fact that in case such material is provided, the recovery officer would bring the dispute to a logical conclusion/findings. This writ petition is disposed of with a direction to the petitioner to raise the objections as taken in the writ petition before the Revenue Officer, place all material in support of the stand and the Revenue Officer shall take a call by treating it as an objections as recovery proceedings are initiated as order of determining compensation is decree of the Court under order 21 of the Code of Civil Procedure.
Sd/-
AMIT RAWAL
JUDGE
nak
WP(C) NO. 3442 OF 2021
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APPENDIX OF WP(C) 3442/2021
PETITIONER EXHIBITS
EXHIBIT P1THE PHOTOCOPY OF THE ORDER IN ECC
NO187/2014 DATED 22.05.2015, PASSED BY
THE 5TH RESPONDENT
EXHIBIT P2COPY OF THE EXECUTION PETITION DATED
02.07.2015, FILED BY THE RESPONDENT 1 TO
4, BEFORE THE 5TH RESPONDENT
EXHIBIT P3COPY OF THE LETTER NO.EKM,EP HUB/04/2016
DATED 07.04.2016, ISSUED BY THE
PETITIONER IN THE NAME OF THE 5TH
RESPONDENT
EXHIBIT P4COPY OF THE COVERING LETTER DATED
29.04.2016 ISSUED BY THE PETITIONER TO
THE 1ST RESPONDENT
EXHIBIT P5COPY OF THE ACKNOWLEDGMENT CARD DATED
05.05.2016 SIGNED BY THE 1ST RESPONDENT
EXHIBIT P6COPY OF THE DEMAND NOTICE NO.RRC
2020/3678/04 DATED 04.01.2021 ISSUED BY
THE 6TH RESPONDENT TO THE PETITIONER
1 issue framed by the court
Whether a writ petition is maintainable to challenge recovery proceedings initiated against an insurance company based on a court decree.
New India Assurance Company Ltd.
Molly
Ambili
Ahsa
Arun
The Commissioner Employees Compensation, (Industrial Tribunal) Alappuzha
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court