SMT. GEEETA DEVI, WD/O LATE GUDDU RAM @ MADAN AND ORS. Vs. M/S. GAMMON INDIA LTD., SITE OFFICE AT AVERI, P.O. NOGLI, TEHSIL NIRMAND, DISTRICT KULLU, H.P.

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the award of the Commissioner under Workmen's Compensation Act, SJVN Limited, Jhakri, District Shimla, inasmuch as no order was passed for grant of penalty to the claimants. The claimants (widow, mother and children of late Shri Madan Lal) filed a claim petition alleging that Madan Lal had died during the course of work due to injuries received in an accident on 12th June, 2009 and that despite the fact that the employer knew about this accident, no compensation was paid and the compensation had been paid only after the award was passed by the Commissioner under Workmen's Compensation Act.

(2.) IT would be pertinent to mention that in para 3 of the claim petition, it is specifically averred that the respondent -company was aware about the accident, but has failed to deposit the amount of compensation within stipulated time and, therefore, in the prayer clause, it was prayed that penalty be also imposed upon the respondent. Whether penalty should be imposed or not, or if penalty has to be imposed, to what extent, is something which the learned Commissioner should have decided. He has failed to decide this issue, though this was specifically raised by the claimants. Therefore, the following issue is framed:

(3.) THE matter is remanded to the learned Commissioner, Under Workmen's Compensation Act, to decide this issue alone. It is made clear that the award is not being set aside and only the question of penalty shall be decided. Since, the powers of the Commissioner now vest with the Judicial Officers, the matter is sent to the Civil Judge (Junior Division), Rampur, who also exercises powers of the Commissioner. The petitioners are directed to appear before the learned Civil Judge (Junior Division), Rampur, on 28th May, 2012. The Registry is directed to ensure that the record of the Commissioner is sent to the Civil Judge (Junior Division), Rampur, exercising the powers of the Commissioner.