C/SCA/15853/2025 JUDGMENT DATED: 05/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15853 of 2025 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ============================================================== Approved for Reporting Yes No ============================================================== CHETANBHAI KISHORBHAI SINDHVAD Versus NATIONAL INSURANCE CO. LTD ============================================================== Appearance: MR SMIT R PAREKH(13848) for the Petitioner(s) No. 1 NISHIT A BHALODI(9597) for the Petitioner(s) No. 1 KRUPALI N BHATT(9455) for the Respondent(s) No. 1 ============================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 05/03/2026 JUDGMENT 1. RULE returnable forthwith. Ms. Krupali Bhatt, learned counsel for the respondent waives service of notice of rule on behalf of the respondent. With the consent of the learned counsels for the respective parties, the present petition is taken up for nal hearing today. 2. Present petition is led by the petitioner under Articles 226 and 227 of the Constitution of India read with the provisions of Workmen’s Compensation Act, 1923 seeking following reliefs: “(A) YOUR LORDSHIPS be pleased to admit and allow this p. 1 C/SCA/15853/2025 JUDGMENT DATED: 05/03/2026 petition. (B) YOUR LORDSHIPS be pleased to pass an appropriate order to quash and set aside the order passed by the Ld. Labour Court, Rajkot in WC(NF) No. 5/2016 dated 15/02/2024 and thereby issuing direction to the learned labour court/concerned bank to allow the claimant to withdraw the amount lying in the 4xed deposit. (C) YOUR LORDSHIPS be pleased to pass such other and further orders may be deemed just and proper looking to the facts and circumstances of the case and in the interest of the justice.” 3. Brief facts giving rise to the present petition are that, the petitioner had led a WC (NF) No. 05/2016 before the Labour Court, Rajkot whereby, the Labour Court vide order dated 27.02.2023 allowed the claim of the petitioner and the respondent – Insurance Co. deposited an amount of Rs.1,26,098/- in compliance with the order dated 27.02.2023. That, the petitioner had led an application for withdrawal of the amount in xed deposit before the Learned Judge, Labour Court, Rajkot however, vide order dated 15.02.2024, the application came to be rejected. 4. Being aggrieved and dissatised with the impugned order dated 15.02.2024 passed by the Labour Court, Rajkot, the petitioner has preferred the present petition. 5. Heard learned counsels Mr. Smit Parekh and Mr. Nishit Bhalodi for the petitioner and Ms. Krupali Bhatt, learned counsel for the respondent. Perused the materials available on record. Page 2 of 4 C/SCA/15853/2025 JUDGMENT DATED: 05/03/2026 6. Mr. Bhalodi, learned counsel has submitted that the Labour Court has erred by allowing disbursement of only Rs.19,098/- out of the total amount deposited by the respondent-insurance company. He has submitted that no appeal was preferred by the respondent. He has submitted that the interest accruing on the amount of the FD of Rs.1,07,000/- is negligible and insu?cient to meet the petitioner’s requirements. He has submitted that the interest earned on the FD by the petitioner is less than the interest payable on the home loan availed of by the petitioner and, therefore, the respondent would occur nancial loss if the FD is not withdrawn. Over and above the grounds agitated in the memo of petition, learned counsel Mr. Bhalodi has urged that the impugned order passed by the Labour Court is required to be quashed and set aside and the present petition is required to be allowed. 7. I have heard the learned counsels appearing for the respective parties and perused the material placed on record. I have also considered the impugned order passed by the Labour Court. It appears from the record that the amount was deposited by the respondent-insurance co. before the Workman Commissioner, Rajkot in compliance of the order dated 27.02.2023 passed in WC (NF) No. 05/2016 whereby, the Workman Commissioner had allowed the application of the petitioner for compensation directing the respondent to deposit the amount of compensation before the concerned Court. It p. 3 C/SCA/15853/2025 JUDGMENT DATED: 05/03/2026 appears that since no appeal was led by the respondent therefore, the amount of compensation is to be paid to the workman under the award passed by the Workman Commissioner, Rajkot. It also appears that the amount of Rs.19,098/- was already disbursed in favour of the workman however, the remaining amount of Rs.1,07,000/- is lying in xed deposit and as the respondent has not challenged the impugned award, I am of the opinion that the amount of Rs.107,000/- shall be disbursed in favour of the present petitioner by the respondent after proper verication of the identity and bank details through RTGS/NEFT within a period of four weeks from the date of receipt of the writ of this order. 8. With the aforesaid conclusion, the petition is disposed of. Rule is made absolute. (HEMANT M. PRACHCHHAK,J) ANUSRI p. 4 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 09/03/2026 17:10:32