DALIP KAUR Vs. NORTHERN RAILWAY

JUDGEMENT

(1.) THIS appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'), has been filed by the widow and daughter of Tek Singh, deceased, who died on March 17, 1986, while discharging his duty in the Loco D. G. Shed at Bhalinda. The appellants have been held entitled to recover a sum of Rs. 58,480 along with interest at the rate of 6% per annum from the date the amount became due till the date of realisation. However, the penalty as specified in Sub-section (3) of Section 4-A of the Act has not been imposed.

(2.) IN this appeal against the impugned order, the appellants have limited their claim to imposition of penalty. The Senior Subordinate Judge exercising the powers of the Commissioner under the Workmen's Compensation Act, by his impugned order dated May 10, 1989, has declined to impose any penalty on the ground that the appellants did not claim any penalty in their application and that they claimed a sum of rupees one lakh in lump sum. The reasoning advanced, in my view, is unsustainable. It is well settled principle of law that a court of law is not to go to the relief clause in the petition while granting an appropriate relief. The court of law is to see as to what relief is to be granted to an aggrieved party. Section 4-A, Subsection (3) of the Act, empowers the Commissioner to impose the penalty not exceeding 50% of the amount which became due within one month of the accident. It is not disputed before me that the appellants had served a notice upon the employer which is the Railway Department. Despite service of notice the employer did not deposit any amount whatsoever. Since the reasoning advanced by the trial court under the impugned order does not stand judicial scrutiny, I hereby allow the appeal and impose penalty to the tune of 35%. The amount of penally shall be deposited within a period of 60 days from today.