UNITED ENGINEERING AND CONSTRUCTIONS Vs. RAJAN

JUDGEMENT

(1.) This M.F.A. is preferred by the 2nd opposite party in W.C.C. 21/94 in the court of Commissioner for Workmen's Compensation and Deputy Labour Commissioner, Kollam challenging the imposition of penalty of Rs. 10,000/- invoking the provisions of sub-s.3 of S.4A of the Workmen's Compensation Act.

(2.) The 1st respondent who was a workman under the appellant instituted the above claim for compensation before the Commissioner under the Workmen's Compensation Act, Dhalli, Shimla against the 2nd respondent in this appeal as the sole opposite party and that claim petition was transferred by the Commissioner under the Workmen's Compensation Act, Dhalli, Shimla to the Commissioner for Workmen's Compensation and Deputy Labour Commissioner, Kollam by invoking S.21(2) of the Workmen's Compensation Act for enquiry and disposal. Accordingly after enquiry the Commissioner for Workmen's Compensation, Kollam by the impugned order awarded Rs. 89,730/- with interest thereon at 6% per annum from 15.11.1991, the date of the accident and directed the appellant, the 2nd opposite party therein to pay Rs. 10,000/- as penalty as provided under sub-s.(3) of S.4A of the Act.

(3.) The appellant has contended that they were not made party by the 1st respondent in the proceedings initiated by him before the Commissioner, Shimla under Workmen's Compensation Act and the 2nd respondent herein alone was impleaded as opposite party therein and after the proceedings was transferred to the Commissioner for Workmen's Compensation and Deputy Labour Commissioner, Kollam, the appellant and the 3rd respondent insurer were impleaded in the proceedings and they were not served with any notice in the proceedings. Therefore, according to them, there was absolutely no wilful delay in payment of the compensation due to the 1st respondent herein, on the part of the appellant.