NAVDEEP AGRO BOARD Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The employer is in appeal against the order of learned Commissioner under the Workmen's Compensation Act, Sirsa dated 4.6.2009 who has awarded compensation to the tune of Rs. 4,15,960/-, interest to the tune of Rs. 2,08,603 and penalty to the tune of Rs. 1,03,990/- to respondents No. 2 to 7.

(2.) The only grievance that has been raised by learned Counsel for the appellant is with regard to penalty to which he has submitted that before imposing the penalty, the learned Commissioner has not issued a notice affording a reasonable opportunity to the appellant to show cause as to why he is not liable to pay the penalty. In this regard, he has referred to Section 4(a)(3)(b) of Workmen's Compensation Act, 1923 (for short 'the Act') and also relied upon a decision of the Himachal Pradesh High Court in the case of New India Assurance Co. v. Maya Devi and Ors., 2005 LabIC 4018.

(3.) On the other hand, learned Counsel for the claimants, who have already received amount of compensation and interest, has supported the order of the learned Commissioner alleging that once the appellant was appearing before the Commissioner in the same proceedings, he is not required to be served with another notice at the time of imposition of penalty. He has relied upon a decision of Bombay High Court in the case of Ramalu Balkrishnd Sagar v. Rambhau Tukaram Shendre and Ors.,2006 4 LLJ 15.