JHARNA BAISHYA (ROY) Vs. NARAYAN CHANDRA KAR

JUDGEMENT

(1.) This appeal By means of this appeal the claimants under the Workmen's Compensation now Employee's Compensation Act, 1923 have prayed that they should have been awarded penalty under Section 4A of the Act in addition to the compensation awarded by the Tribunal.

(2.) It is well settled law that before awarding penalty under Section 4A of the Act the Commissioner must give a specific notice to the party on whom penalty is to be proposed as to why penalty should not be imposed. Sometimes when the penalty is claimed in the claim petition, like in the present case the framing of the issue itself can be termed to be a notice to the respondent but in this case I find that neither any issues are framed nor the counsel who argued the matter before the Commissioner ever urged this point at the time of arguments that the claimants are also entitled compensation. This point has been raised in this Court but even in the appeal there is no averment that this point was argued before the learned lower Court. A point which has not been argued before the lower Court cannot be urged in appeal

(3.) Therefore, I find no merit in the appeal which is accordingly dismissed. No costs.