UMARKHA SAMSHERKHA Vs. ABDUL SALEEM SHEIKH ISMAIL

JUDGEMENT

(1.) BY this petition, the petitioner challenges the order dt. 12. 5. 1988 passed by the Commissioner for Workmen's compensation to the extent that the penalty for the delay in depositing the amount of penalty has not been imposed by the impugned order. Perusal of the provisions of Section 4 (A) (3) (b) shows that the penalty cannot be imposed as a matter of course. The penalty can be imposed only in the case where the Authority records satisfaction that the delay in deposing the amount is unjustifiable or there is no justification for the delay in depositing the amount. In the present case, in the application, admittedly, there was no claim made for imposition of penalty. It was even not alleged that, for the delay that is involved in making the deposit, there is no justification. In the absence of any pleading and evidence, the Authority has not imposed any penalty. I do not find that there is any error committed by the Authority in not Awarding the penalty. Therefore, I do not see any reason to interfere with the order passed by the learned Commissioner for Workmen's Compensation. The petition has no substance. Therefore, it fails and it is accordingly dismissed. Rule is discharged. No orders as to costs.