DIVISIONAL FOREST OFFICER KARSOG Vs. BUDHI SINGH

JUDGEMENT

(1.) This appeal under section 30 of Workmen's Compensation Act (hereinafter referred to as 'the Act'), has been filed against the order of Commissioner, Workmen's Compensation, Karsog, District Mandi, Himachal Pradesh dated 28.2.1997.

(2.) The facts which are not in dispute are that deceased Shayam Kala who was aged about 20 years died when she was struck by stone when she was working on construction of forest line. There is no dispute also with regard to the wages of the deceased which were Rs. 45.75 per day.

(3.) The only dispute raised by appellant is that the penalty should not have been imposed upon appellant. The death admittedly took place on 6.10.1995. It appears that the Divisional Forest Officer, Karsog, also sent some letter to the Workmen's Compensation Commissioner, Mandi on 7.3.1996 and which was received in the office of the Workmen's Compensation Commissioner, Karsog on 13.5.1996. Budhi Singh, father of the claimant, had also filed a writ petition in the High Court of Himachal Pradesh. This court had issued direction(s) in the said case that the proceedings under Workmen's Compensation Act be concluded within 6 months. Despite all these facts the amount of compensation was not deposited. The State being model employer is expected to deposit the compensation as soon as it is payable. The death was within the knowledge of the employer. The wages were also within the knowledge of the employer. The compensation should have been calculated and deposited within one month of the death under the provisions of the Act. Since the State has failed to deposit the compensation in the requisite period, the Commissioner has rightly imposed the penalty. The order imposing the penalty calls for no interference. Reference in this behalf may be made to the decision of this court in Ram Dulari Kalia v. H.P. State Electricity Board, 1987 ACJ 258 (HP).