MAHARASHTRA FREIGHT CARRIERS PVT LTD Vs. KUSUM LATA

JUDGEMENT

(1.) This appeal has been preferred against the notice dated October 03, 2008 issued by the Sub Divisional Magistrate, Vivek Vihar, Delhi, calling upon the appellant to deposit a sum of Rs. 3, 17,086/-, failing which, the notice goes on to say that the amount will be recovered through arrest warrants or attachment. The impugned notice is a sequel to an order dated August 04, 2008 passed by the Commissioner under Section 4A of the Workmen's Compensation Act, 1923 granting in favour of respondents No. 1 and 2 a sum of Rs. 1,04,120/- as interest on the amount of compensation awarded to the said respondents on account of death of Shri Pratap Singh, husband of respondent No. 1 while he was in employment with the appellant and also granting a further sum of Rs. 1,58,500/- by way of penalty.

(2.) At the outset, it is submitted by learned Counsel appearing for respondents No. 1 & 2 that the appellant is liable to pay only the penalty amount and that in so far as the interest is concerned, the liability to pay the same lies with the Insurance Company. It is also submitted by the learned Counsel that the impugned notice dated October 03, 2008 has since been superseded and has been replaced by another notice and thereby instead of calling upon the appellant to deposit a sum of Rs. 3,17,086/-, it has been asked to deposit a sum of Rs. 1,58,500/- only.

(3.) A perusal of the order dated August 04, 2008 whereby the appellant has been saddled with the liability to pay the penalty amount, goes to show that despite service of notice, neither the appellant nor the Insurance Company who is liable to pay the interest appeared before the Commissioner to contest the notice resulting in an ex-parte order against them and consequently, the Commissioner directed that a recovery certificate be issued under Section 31 of the Workmen's Compensation Act, 1923. The appellant preferred no appeal against the said order.