UNITED INDIA INSURANCE CO.LTD. Vs. COMMISSIONER FOR WORKMENS COMPENSATION-CUM-ASSISTANT LABOUR COMMISSIONER

JUDGEMENT

(1.) UNITED India Insurance Company Limited who is the petitioner before this Court prays for quashing of the order dated 21.11.2001 which is the subject matter of Annexure -5 passed by the Commissioner, Workmens Compensation as well as the Certificate Proceeding bearing No. 3/2002 pending before the Certificate Officer (Sadar), Cuttack for realisation of the certificate dues. The case of the petitioner is that opposite parties 2 and 3 had filed W.C. Case No. 66 -D/1993 (52/93) and W.C. Case No. 79 -D/1993 (53/93) claiming compensation on account of sustaining injuries in an accident arising out of and in course of their employment under opposite party No. 4. The cases were heard together and by a common award dtd. 19.8.2000 the petitioner was directed to pay compensation of Rs. 20,978/ - and Rs. 43,056/ - to the opposite parties 2 and 3 respectively. Annexure -1 is the award. On 11.6.2001 the Commissioner issued requisition for certificate to the Certificate Officer, Cuttack Sadar, Cuttack for recovery of the awarded amount under the OPDR Act, 1962 and receipt of the requisition, the Certificate Officer issued notice to the petitioner for recovery of the awarded amount. After getting notice from the Certificate Officer the petitioner deposited the entire awarded amount before the Commissioner. Though this fact was brought to the notice of the Certificate Officer, the petitioner was directed to pay interest @ 12.1/2% as per OPDR Act, 1962, cost and process fee etc. and again Certificate Case No. 41/2001 was initiated for the purpose. In the aforesaid certificate case also the petitioner deposited the required amount and accordingly the certificate case No. 41/2001 was dropped. While the matter stood thus, the Commissioner again issued a certificate to the Certificate Officer awarding statutory interest of 6% per annum on the awarded amount of compensation from 1.4.1993 till 8.6.2001 for an amount of Rs. 31,352.30 ps. On the basis of such requisition, Certificate Case No. 3/2002 was initiated and notice was issued to the petitioner. Challenging the same this writ application has been filed.

(2.) LEARNED counsel for the petitioner contended that in the award, the Commissioner had not directed payment of interest on the awarded amount. After passing of the award the Commissioner became functus officio and on the basis of an application filed by the claimants he could not have reopened the case and awarded interest @ 6% per annum from 1.4.1993 till the date on which the Certificate Case No. 41/2001 was initiated. Learned counsel appearing for the contesting opposite parties on the other hand submitted that though in the award there is no mention for grant of interest on the basis of an application filed by the claimants, interest was awarded at a later stage by the Commissioner. Since an irregularity committed by the Commissioner was regularised by a subsequent order, it is contended by the learned counsel for opposite parties 2 and 3 that there is no illegality in the said order. Reliance is placed by the learned counsel for the opposite parties 2 and 3 on a decision of this Court in the case of "Divisional Manager, New India Assurance Company Limited Vrs. Pravati Car and another" reported in 2002 (3) T.A.C. 768. Though it appears from paragraph -4 of the judgment that the counsel appearing for the Insurance Company had raised questions as to whether Commissioner had acted beyond his jurisdiction in awarding interest on the compensation amount by a subsequent order or not, the same was not answered by the Court and the case was disposed of on a different ground. We are, therefore, of the view that the decision cited by the learned counsel for opposite parties 2 and 3 is of no help so far as this case is concerned.