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2024 DAILYLAW 5036 (MAD)

Sankar v. The Deputy Commissioner of Labour

WP(MD)/910/2024 · 2026-07-30

M Dhandapani

Transfer Petitionbody2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.910 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.910 of 2024 and W.M.P(MD)No.931 of 2024 1.Sankar 2.Selvi ... Petitioners Vs The Deputy Commissioner of Labour, (The Tribunal For Employees Compensation Act, 1923), Trichirappalli. ... Respondent PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent herein in No.Pa.E./82/2023/ (Pa) dated 27.06.2023 and quash the same and consequently direct the respondent herein namely the Deputy Commissioner of Labour (The Tribunal for employees Compensation Act, 1923), Trichirappalli to disburse the deposit amount of Rs.1,85,000/- each to the petitioners 1 and 2 herein namely Shankar and Selvi and interest thereon. 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.910 of 2024 For Petitioners : Mr.N.Sudhagar Nagaraj For Respondent : Mr.M.Mahaboob Athiff Counsel for Government of Tamil Nadu ORDER W.M.P(MD)No.931 of 2024 filed seeking permission to file a single Writ Petition is ordered. 2.This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the proceedings of the respondent dated 27.06.2023, quash the same and consequently direct the respondent, namely, the Deputy Commissioner of Labour (Tribunal under the Employees' Compensation Act, 1923), Tiruchirappalli, to disburse the deposited amount of Rs.1,85,000/- each to the petitioners 1 and 2, namely, Shankar and Selvi, together with the accrued interest thereon. 3.The learned counsel appearing for the petitioners submitted that the petitioners are the legal heirs of the deceased employee, Ananthan. They filed a claim petition in W.C.No.116 of 2017 before the respondent 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.910 of 2024 under the provisions of the Employees' Compensation Act. By Award, the respondent directed the United India Insurance Company Limited to pay a compensation of Rs.5,32,800/- together with interest at the rate of 12% per annum from the date of the Award till the date of payment and apportioned the compensation among the petitioners. Pursuant thereto, the Insurance Company deposited a sum of Rs.7,43,281/- before the respondent. 4.At the time of filing the claim petition, the petitioners were minors. Therefore, by proceedings dated 27.06.2023, the respondent directed payment of a sum of Rs.1,87,640/- to the first petitioner and ordered that a sum of Rs.1,85,000/- be deposited in the Union Bank of India, Cantonment Branch, for a period of three years. Likewise, a sum of Rs.1,86,641/- was directed to be paid to the second petitioner and a further sum of Rs.1,85,000/- was directed to be kept in a fixed deposit in the said Bank for a period of three years. Aggrieved by the said proceedings, the present Writ Petition has been filed. 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.910 of 2024 5.The learned counsel for the petitioners submitted that the period of three years stipulated in the order dated 27.06.2023 has already expired. Since both the petitioners have attained majority, they are entitled to receive the amounts kept in fixed deposit together with the accrued interest. Therefore, he prayed for issuance of a direction to the respondent to disburse the fixed deposit amounts of Rs.1,85,000/- each, along with the accrued interest, to the petitioners. 6.Considering the facts and circumstances of the case, and in view of the fact that the fixed deposit period has already expired, this Court is of the view that no useful purpose would be served in retaining the amounts in deposit. Accordingly, the respondent is directed to disburse the sum of Rs.1,85,000/- each, together with the accrued interest thereon, to the petitioners, if they are otherwise entitled, within a period of four (4) weeks from the date of receipt of a copy of this order. 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.910 of 2024 7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. 30.07.2026 NCC : Yes / No Index : Yes / No ps To The Deputy Commissioner of Labour, (The Tribunal For Employees Compensation Act, 1923), Trichirappalli. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.910 of 2024 M.DHANDAPANI, J. ps W.P(MD)No.910 of 2024 30.07.2026 6/6 https://www.mhc.tn.gov.in/judis