BANK NOTE PRESS Vs. UMRAO SINGH

JUDGEMENT

(1.) THIS Misc. Appeal is directed against the order dated April 17,1993 of Presiding Officer of the Labour Court, Dewas, passed in Compensation Case No. 2/91, where by the Labour Court exercised power under Workmen's Compensation Act, 1923 and directed payment of Rs. 1,03,990 towards damages sustained by respondent and Rs. 50,000 as penalty for non-payment of the same.

(2.) IT is not in dispute that the respondent is a Worker and was under the employment of appellant Bank Note Press, Dewas. He sustained injuries during the course of employment. During the employment the Acid fell down and damaged the eyes. It appears the left eye has been completely damaged. The right eye has also been partially damaged. He was treated at various places, however, eyesight of one eye could not be regained. He was getting Rs. 1263 p. m. / as wages. The respondent worker filed application for compensation under Sections 4 and 4-A of Workmen's Compensation Act. The fact of disability was denied by the employer i. e. , appellant here. The learned Judge found that the worker sustained injury during the course of employment and that he was getting Rs. 1263 p. m. and has assessed the damage as above. Hence this appeal.

(3.) THE contention of the learned counsel for the appellant is that worker is still under the em ployment of the appellant. They have paid compensation as determined by the Labour Court and, therefore, the imposition of penalty is neither proper nor just. As against it learned counsel for the respondent has submitted that there was delay in payment and, therefore, the penalty has rightly been imposed.