JINDAL SAW LTD Vs. RAMKISHAN PAL

JUDGEMENT

(1.) BOTH these appeals arise out of common judgment and award and hence they are disposed of by this common judgment.

(2.) THESE cross appeals have been filed against the judgment and award dated 02.05.2007 passed by the Labour Court, Bhuj-Kutch in W.C. Agreement No. 3/2006, whereby the W.C. Agreement was allowed and the Insurance Company was directed to pay additional compensation of Rs.60,000/- to the workman with proportionate costs, and the employer was directed to pay penalty of Rs.30,000/- along with interest @ 12% on Rs.90,000/-.

(3.) IN view of the above, First Appeal No. 1745 of 2008 preferred by the employer is partly allowed. The impugned award passed by the Court below is modified to the extent that the directions regarding imposition of penalty of Rs.30,000/- is quashed and set aside. However, the amount of Rs.30,000/- deposited by the appellant employer shall be refunded. Rest of the award qua the payment the payment by employer remains unaltered and is confirmed. 5.1. So far as First Appeal No. 2918 of 2007 preferred by the INsurance Company is concerned the same is dismissed. It is reported that the appellant employer has already deposited the amount of interest before the Court below. If that he so, the same shall be permitted to be withdrawn by the respondent workman by A/c. Payee Cheque, after proper verification.