IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.557 of 2008 Date of Decision:- 03.02.2009 Ashok Kumar ....Petitioner(s) vs. M/s Lakshmi Overseas Industries Ltd., and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.R.S.Sharma, Advocate for the petitioner. Mr.P.S.Khurana, Advocate for respondent No.1. *** AUGUSTINE GEORGE MASIH, J. (Oral) Counsel for respondent No.1 states that the amount which was deposited by the respondent in compliance with the award passed by the Commissioner under the Workmen's Compensation Act,1923 has still not been withdrawn by the petitioner as per the order dated 30.7.2007. He submits that the parties be directed to appear before the Commissioner and on such appearance the amount be disbursed to the petitioner subject to his identification. Counsel for the petitioner accepts the proposal put-forth by the counsel for respondent No.1 and states that the petitioner-workman and or his authorised representative would appear on 10.2.2009 before the Assistant Labour Commissioner, Patiala, exercising powers as Workmen's Compensation Commissioner under the Workmen's Compensation Act, 1923. Counsel for respondent No.1 states that respondent No.1 or its C.W.P.No.557 of 2008 -2- authorized representative would also be present on the date fixed. This petition is disposed of with a direction to the Commissioner under the Workmen's Compensation Act to disburse the amount to the petitioner-workman on the date fixed i.e. 10.2.2009. A further direction is issued to the Commissioner to calculate the claim of the petitioner as per award dated 17.8.2005 till the date the deposit was made by respondent No.1. If the amount deposited by respondent No.1 is found to be correct, respondent No.1 be discharged. In case it falls short, respondent No.1 would deposit the remaining claim as assessed by the Commissioner within a period of one week for disbursement to the petitioner-workman within one week thereafter. However, these amounts be disbursed to the petitioner-workman subject to his producing his identity. February 03, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE Whether referred to Reporters ________ Yes/No