RAMESH Vs. COMMISSIONER FOR WORKMEN COMPENSATION INDORE

JUDGEMENT

(1.) This revision petition is directed against the order dated 9.4.99 passed in W.C.C. No. 112 of 1988 by Commissioner, Workmen's Compensation, Indore. In this case the petitioner applicant filed the claim case averring that he was engaged by the non-applicant as a labourer and while going down in the well with the help of a rope which broke and he fell down in the well and sustained injuries. He claimed compensation of Rs. 20,000. The non-applicant resisted the claim. The Commissioner awarded Rs. 25,327.50 with interest at the rate of 6 per cent per annum as compensation and also imposed penalty of Rs. 10,000. However, the Commissioner vide order dated 9.4.99 directed the non-applicant to deposit Rs. 25,327.50 with interest to be paid to the petitioner and further directed that the penalty amount of Rs. 10,000 be credited to the Government in view of section 4-A (3-A), Workmen's Compensation Act (for short 'the Act'). The petitioner is challenging this direction.

(2.) Mr. Y. Thakur, learned counsel for the petitioner, submitted that the iearned Commissioner committed error in directing penalty amount to be credited to the Government. He submitted that the provision for crediting the amount of penalty to the State Government came into force on 15.9.1995 while this accident took place on 8.2.84, therefore, this amount could not be directed to be credited to the Government.

(3.) In the year 1984, section 4-A of the Act was as under: