DIVISIONAL TRASURER N E RAILWAY Vs. DEVKALA DEVI

JUDGEMENT

(1.) HEARD learned Counsel for the appellants and learned Counsel for the respondent. This appeal is directed against the order dated 20-6-2002 passed by the Deputy Labour commissioner-cum-Commissipner, Workmen's compensation, Darbhanga Division, Darbhanga in case No. W. C. 05 of 2001 by which he has directed the appellants to deposit 50% of the amount of compensation of Rs. 1,42,680 which came to Rs. 71,340. 00 as fine/penalty.

(2.) IT is not in dispute that the husband of the respondent was an employee of the Railways and he died on duty on 28-8-2000, after which his widow, namely the respondent, filed the aforementioned case before the aforesaid Deputy Labour commissioner. It is also not in dispute that according to the calculation of the appellants-authorities the amount of compensation was Rs. 1,11,304. 00 which was deposited on 18-5-2002, but during pendency of the claim case it was recalculated and they found that it was Rs. 1,42,680. 00 and hence within the time allowed by the Court, the authorities deposited the balance amount on 6,6. 2002. It is also not in dispute that the said respondent-claimant brought on record of the case a letter dated 18-11-2000 (Annexure 1) said to be issued by the Senior personnel Officer, North-Eastern Railway, Gorakhpur stating that Rs. 2,07,500. 00 was sanctioned as compensation and relying upon the said letter produced by the claimant, the said authority passed order dated 16-4-2002 directing payment of compensation amount of Rs. 2,07,500 with 50% fine for delayed payment. Since the order was passed behind the back of the appellant, he tiled a petition for review on 28-5-2002 in the same Court claiming that the said letter of Senior Personnel Officer produced by the claimant was a forged document as railway authority of Gorakhpur had no jurisdiction with respect to the place which was under samastipur Division. Considering the said fact and circumstances and after hearing the parties, the authority concerned passed the impugned order dated 20-6-2002 holding that the said letter dated 18-11-2000 produced by the claimant was a forged letter and the amount of compensation was rightly found to be Rs. 1,42,680. 00. It was also held that the fine/penalty on the said amount would be only rs. 71,340. 00 which was half of the amount of compensation and was payable by the appellants to the claimant.

(3.) THE second part of the said order with regard to payment of fine/penalty is under dispute in this appeal. The claimant has not challenged the reduction of the amount of compensation from Rs. 2,07,500. 00 to Rs. 1,42,680. 00. Learned Counsel for the appellants submits that the said amount of rs. 1,42,680. 00 was deposited as per the direction of the authority concerned on 18-5-2002 and 6-6-2002 and hence there was no occasion for charging any fine or penalty as there was no delay in the payment of the said amount.