PRABHAKAR S/O AMBADAS DONGARE Vs. SHANUBAI

JUDGEMENT

(1.) Present appeal has been filed by the original respondent no.02 - employer, challenging the amount of penalty imposed on him by the learned Commissioner for E.C. Act & Judge, Labour Court, Latur, in WCA No.76 of 2016, dated 11-01-2018, under Section 4-A(3)(b) of the Employees' Compensation Act, 1923.

(2.) The present respondents no.01 and 02 are the original applicants who had filed application for getting compensation under the Employees' Compensation Act, 1923, contending that their son late Shri Ajay @ Santosh Ashok Suryawanshi expired in an accident out of and in the course of his employment on 15-06-2016. The only issue raised in the present appeal by the employer is regarding the imposition of penalty to the extent of 50 % of the amount of compensation awarded i.e. Rs. 6,79,140/- together with interest at the rate of 12 % per annum. It is the contention of the appellant, that without issuing notice as contemplated under Section 4-A(3) (b) of the Employees' Compensation Act, it could not have been imposed upon him. According to the appellant, a show cause notice ought to have been issued to him earlier to the pronouncement of the judgment.

(3.) Heard learned Advocate Shri S.S. Chillarge for the appellant and learned Advocate Mr. S.S. Rathi for respondents no.01 and 02. Respondent no.03, though served, remained absent.