PUSHPENDER SINGH CHAWLA Vs. COMMISSIONER EMPLOYEES COMPENSATION ACT

JUDGEMENT

(1.) The present writ petition assails the order dated 02.08.2019 passed by the Commissioner under the Employees Compensation Act 1923 (hereinafter referred to as 'the Act') rejecting the petitioner's application dated 05.03.2019 filed under Sections 12 and 13 of the Act seeking recovery of Rs.12,00,641/- along with interest at the rate of 7.5% per annum from respondent no.2 i.e. the contractor.

(2.) The petitioner and respondent no.2/contractor had entered into a property development agreement for construction of a residential house at A-57, Ashok Vihar, Phase-2, New Delhi. During the construction of the building on 07.10.2011, one labourer Shri Rakesh Kumar suffered injuries and ultimately succumbed to his death on 01.01.2012. Consequently, a claim petition was filed by the parents of the aforesaid workman under Section 22 of the Act which came to be allowed vide an order dated 31.10.2013 by the Commissioner.

(3.) Vide the aforesaid order, the Commissioner while directing the petitioner to deposit a sum of Rs.7,06,259/- along with interest at the rate of 12% from the date of accident till the date of realisation, held that the petitioner (respondent no.1 before the Commissioner) would be at liberty to recover the awarded amount from respondent no.2. The petitioner assailed the aforesaid order before this Court by way of FAO No.208/2015 wherein vide order dated 19.01.2018, this Court once again reiterated that the petitioner would be entitled to recover the total amount of Rs.12,00,641/- along with interest at the rate of 7.5% per annum from the Contractor, for which purpose, he would be at liberty to initiate execution proceedings in accordance with law.