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Madhya Pradesh High Court · body

2020 DIGILAW 128 (MP)

Munni Begum v. Arvind Nibja

2020-01-23

G.S.AHLUWALIA

body2020
ORDER 1. This petition under Article 227 of the Constitution of India has been filed challenging the order dated 9.7.2019 passed by the Commissioner, Labour Court No. 1, Gwalior in Case No. MCC13/B/WCA/2019 by which the application filed by the petitioners for release of the amount which was deposited in the FDR has been rejected on the ground that no proceeding is pending before the Labour Court. 2. The necessary facts for disposal of the present petition in short are that on 27.9.2014, the son of the petitioner No. 1 died in a road accident and, accordingly, the petitioners along with Hasan Khan filed an application under sections 4, 10, 22 of the Employees Compensation Act which was registered as Case No. 95-B/2014 WCA (Fatal). The said application was allowed and award dated 30.1.2016 was passed by the Commissioner, Employees Compensation Act, Labour Court No. 1, Gwalior. It appears that by a separate order, the Labour Court No. 1, Gwalior directed the Branch Manager, Union Bank of India, District Gwalior to deposit the amount in different FDRs for different periods. It is submitted that apart from petitioners, Hasan Khan, the husband of petitioner No. 1 and father of petitioner No. 2 was also one of the claimant who has expired on 26.9.2018 and the FDR No. 835287 for an amount of Rs. 50,000/-, FDR No. 905698 for an amount of Rs. 50,000/-, FDR No. 905699 for an amount of Rs. 50,000/- and FDR No. 905700 for an amount of Rs. 50,000/- were prepared for a period of two, three, four and five years respectively. It is submitted that FDR No. 835287 has stood matured. The petitioners filed an application for payment of matured FDR as well as for premature termination of the remaining FDRS before the Court of Commissioner, Labour Court No. 1, Gwalior. Firoz Khan s/o Hasan Khan has also submitted his affidavit that in case if the amount is paid to the petitioners, then he shall not have any objection. However, by order dated 9.7.2019 the Commissioner, Labour Court No. 1, Gwalior has rejected the application. Thus, it is submitted by the counsel for the petitioners that all the FDRs which were prepared in the name of Late Hasan Khan may be terminated and the amount may be paid to the petitioners. 3. Heard the learned counsel for the parties. 4. Thus, it is submitted by the counsel for the petitioners that all the FDRs which were prepared in the name of Late Hasan Khan may be terminated and the amount may be paid to the petitioners. 3. Heard the learned counsel for the parties. 4. It is mentioned in the petition, that one FDR is matured whereas three FDRs are still alive. For premature termination of alive FDRs, no reasons have been assigned in the application, therefore, the application for premature termination of FDR Nos. 905698, FDR No. 905699, FDR No. 905700 is hereby rejected. 5. So far as the payment of matured FDR No. 835287 is concerned, this Court is of the considered opinion that in absence of any direction by the Labour Court No. 1, Gwalior to the Bank to renew the FDR after his maturity, the Bank has to release the amount as per its own norms. 6. The counsel for the petitioners has relied upon the judgment passed by the Co-ordinate Bench of this Court in the case of Chandra v. Ranveer Singh Ramavtar and ors. reported in 2012(4) MPLJ 537 and submitted that since the claimants are the Class-I heirs of the deceased beneficiary, therefore, they are entitled to seek disbursement of the amount kept in the FDRs without furnishing succession certificate. 7. In the present case, the parties are Muslims and they are governed by Muslim Law and, therefore, the legal representative of late Hasan Khan would be entitled to receive the amount of FDR No. 835287 as per the Muslim Law. 8. Accordingly, the order dated 9.7.2019 passed by the Commissioner, Labour Court No. 1, Gwalior is modified and it is directed that in case if the petitioners and other legal representatives of late Hasan Khan file an application before the Bank for the disbursement of the amount of matured FDR, then the same shall be disbursed by the Bank in accordance with its norms as well as Muslim Law. 9. With aforesaid observations, the petition stands disposed of. 10. It is made clear that in case if any other FDR has also stood matured prior to passing of this order, then this order shall also apply to the said FDR. .................