CHONTO SMT Vs. INDUSTRIAL CABLES INDIA LTD

JUDGEMENT

(1.) KARNAIL Gir was working as a Welder since 1984 with M/s. Industrial Cables (India) Ltd. , Rajpura, District Patiala. On June 17, 1985, the aforesaid workman lost his life during the course of his employment while he was engaged in carrying asbestos sheets and the roof of the premises of aluminium plant was under construction. The widow and the mother moved an application under the Workmen's Compensation Act, 1923, and the Commissioner, Workmen's Compensation, Patiala, awarded a sum of Rs. 53,760/- with interest at the rate of 6% per annum with effect from the date of the occurrence i. e. June 16, 1985.

(2.) THIS appeal has been preferred by the widow on the plea that Karnail Gir died on June 17, 1985 and since compensation was not paid within one month, the appellant was entitled to penalty under Sub-section (3) of Section 4-A of the Workmen's Compensation Act, 1923.

(3.) ON behalf of the appellant, it has been pointed out that though the occurrence was brought to the notice of the employer and it was reported to the police as well where DDR No. 17 was also recorded yet the claim was declined by the respondents from the very beginning inasmuch as there was a denial of the fact that the deceased was an employee and later on it was claimed that he was not a workman. All these pleas were repelled by the appellants and the delay in the proceedings as well as the award was on account of the conduct of the respondent-employer.