Dismissed

Jabbar Singh, Manager v. Smt. Santosh Devi Wife of Late Shri Pratap

Rajasthan HC7 Nov 2024CMA/1536/2014

Case brief

AI extract

What is this about?

Honble Mr. Justice Ashok Kumar Jain disposed of the Civil Miscellaneous Appeal.', holding that since the appellant deposited the compensation, the appeal could be terminated without adjudicating the grounds of contention.

What did the court decide?

Order dated 23.04.2014 affirmed.

What the court decided

Jabbar Singh, Manager Vs Smt. Santosh Devi… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JP:46086]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 1536/2014

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Jabbar Singh, Manager, Crusher Machine Triveni Bildcom, Address-Khorashyam Das, Police Station Harmara, Distt. Jaipur.

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----Appellant

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Versus

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Smt. Santosh Devi Wife Of Late Shri Pratap, Resident Of Village Dhanji Ki Dhani Jakhali, Tehsil Makrana, Distt. Nagaur.

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Rahul Son Of Late Shri Pratap, Aged About 9 Years, Minor Through Their Natural Guardian Mother Smt. Santosh. Resident Of Village Dhanji Ki Dhani Jakhali, Tehsil Makrana, Distt. Nagaur.

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Pooja Daughter Of Late Shri Pratap, Aged About 7 Years, Minor Through Their Natural Guardian Mother Smt. Santosh. Resident Of Village Dhanji Ki Dhani Jakhali, Tehsil Makrana, Distt. Nagaur.

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Hanumanaram Son Of Late Shri Meva Ram, Resident Of Village Dhanji Ki Dhani Jakhali, Tehsil Makrana, Distt. Nagaur.

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Smt. Geeta Wife Of Shri Hanumana Ram, Resident Of Village Dhanji Ki Dhani Jakhali, Tehsil Makrana, Distt. Nagaur.

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----Respondents

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For Appellant(s)	:	Mr. R.P. Singh, senior advocate with Mr. Ashish Poonia
For Respondent(s)	:	Mr. Kapil Sharma for
		Mr. SandeepMathur

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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07/11/2024

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Instant CMA is preferred by appellant non-claimant aggrieved from judgment dated 23.04.2014 in civil suit No.

[2024:RJ-JP:46086]

[CMA-1536/2014]

(2 of 3)

ECC/F-13/2011 passed by the Comiissioner, Workmen’s Compensation Act, 1923, Jaipur City, Jaipur.

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Learned senior advocate appearing on behalf of appellant submitted that appellant has already deposited the compensation amount before the Commissioner but he has strong grounds to succeed in the instant petition. He further referred the grounds as raised by him while preferring this civil misc. appeal.

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Aforesaid contentions were opposed by learned counsel for respondent claimants on the grounds that this appeal can be entertained only when there is a substantial question of law as mandated under Section 30 of ECC Act. He further relied upon judgment of Hon’ble Supreme Court in case of North East Karnataka Road Transport Corporation Vs. Sujatha 2019 ACJ 29 and Golla Rajanna and Ors. Vs. Divisional Manager and Anr. (2017) 1 SCC 45.

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Heard learned senior advocate for appellant and learned counsel for respondent. Perused the material placed on record. 5. During course of argument, learned counsel for respondent submits that the claimants are satisfied from the award and they are ready to accept amount already deposited by appellant before the Commissioner, ECC Act. Learned senior advocate submitted that in case the amount as deposited by him is accepted then he has not objection, if the instant CMA is disposed of.

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We have considered the submissions at Bar and with aforesaid statement, the matter does not require any further consideration. The S.B.CMA is hereby disposed and the order dated 23.04.2014 is affirmed. The claimants are entitled to receive amount as deposited by appellant before the

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[CMA-1536/2014]

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[2024:RJ-JP:46086] (3 of 3)

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Commissioner, Workmen’s Compensation Act, 1923, Jaipur City, Jaipur.

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With aforesaid, instant appeal along with pending application, if any, stands disposed.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /25

Jabbar Singh, Manager v. Smt. Santosh Devi Wife of Late Shri Pratap

Case brief

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Jabbar Singh, Manager v. Smt. Santosh Devi Wife of Late Shri Pratap

Case brief

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