DIVISIONAL RAILWAY MANAGER Vs. JASIBEN

JUDGEMENT

(1.) Challenge in this petition is made by the Employer the Railway Authorities to the order passed by the Labour Court, Ahmedabad-cum-Commissioner under the Workmen Compensation Act, 1923 dated 31.01.2015 below Application Exh.8 in Distribution Application No.13 of 2014. By the impugned order, the Commissioner has ordered payment of interest at the rate of 12% per annum, on the principal amount of compensation of Rs.2,71,120/- for the period from 17.05.2007 i.e. the date of fatal accident to 17.02.2014, the date on which the principal amount was deposited by the petitioner Employer.

(2.) Mr.Anal S. Shah, learned advocate for the petitioner Employer has made the following submissions.

(3.) On the other hand, Mr.Yogen Pandya, learned advocate for the respondent -claimants has submitted that even in absence of any application, the direction as contained in the impugned order, could have been given by the Commissioner and the language of Section 10 of the Act itself, which is heavily relied by learned advocate for the petitioner also provides that, even in absence of any such notice, appropriate order can be passed by the Commissioner. It is submitted that ultimately this is a welfare legislation and what is ordered by the Court below is not otherwise impermissible and the procedural aspect, which is even otherwise not flouted in the present case, should not affect the substantial adjudication. It is submitted that this petition be dismissed.