1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR F.A. No. 299/2010 (Janab Bahadur Ali VERSUS Najama Salim Khan Pathan & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.P. Kalmegh, counsel for the appellant. Shri N.N. Motghare, counsel for the R-1 to 6. CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 15, 2010 . Heard. The first appeal is ADMITTED on the following substantial question of law. I) Whether the legal heirs of an employee, who was murdered, would be entitled to claim compensation under the Workmen’s Compensation Act, 1923 ? II) Whether the respondents/original claimants were entitled to compensation in the absence of a finding that the deceased was an employee of the appellant at the relevant time when this fact of employment was specifically denied by the appellant ? 2 C.A.F. NO. 348/2010. Heard. Perused the judgment dated 29.07.2009. The first appeal is admitted on a substantial question of law. It is the case of the respondents-claimants that the deceased was murdered while he was in the employment of the present appellant. A question of law arises as regards the entitlement of the legal heirs of a deceased, who was murdered, to claim compensation under the Workmen’s Compensation Act, 1923. On a reading of the judgment dated 29.07.2009, it appears that the appellant has made out a strong prima-facie case for grant of stay and for restraining the respondents from withdrawing the amount which is deposited by the appellant in the Labour Court at Bhandara. In the peculiar facts and circumstances of the case, the respondent nos.1 to 5 are permitted to withdraw only an amount of Rs.68,000/- deposited in the Labour Court, Bhandara on furnishing solvent surety/security to the satisfaction of the Labour Court. The balance amount should be placed in a fixed deposit account of a nationalised bank initially for a period of three years and the same should be renewed from time to time during the pendency of the first appeal. 3 The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE