CHETAK ENTERPRISES LTD. Vs. SANGITA DEVI

JUDGEMENT

(1.) With consent heard finally.

(2.) The present petition under Article 227 of the Constitution has been preferred by the petitioner being crestfallen by the order dtd. 27/3/2023 passed by the Commissioner, Employee Compensation Act, Labour Court No.2 Gwalior, whereby an application under Order IX rule 13 of the CPC preferred at the instance of petitioner has been rejected.

(3.) Precisely stated facts of the case are that the petitioner is a company engaged in road construction business and husband of respondent No.1 namely Khushiram Bhadouriya was working with the petitioner/company. During construction activities, he sustained some injuries and succumbed to those injuries which precipitated the filing of application under Sec. 4 (iv- a), 10, 22 of the Act at the instance of legal representatives of deceased Khushiram Bhadouriya. Labour Court, Gwalior considered the case and award dtd. 7/3/2022 has been passed in favour of the respondents and awarded amount of Rs.7,25,480.00 and Rs.3,62,740.00 as penalty. The said amount is to be paid with the interest @ 12% as referred in the said award.