JAMAT SINGH Vs. COMMISSIONER WORKMANS COMPENSATION

JUDGEMENT

(1.) The present writ petition has been filed by the employer Jamat Singh against the order dtd.6.2.2006 passed by the Workmen Compensation Commissioner on the application filed by the said employer that on account of compensation of Rs.1,00,000/- paid to the legal heirs of deceased Ramesh, whose death took place during the course of employment of said Ramesh with the present petitioner Jamat Singh and upon such mutual agreement, since the amount of compensation of Rs.1,00,000/- has been accepted by the legal heirs of the said deceased, therefore, the execution of the award passed by the Workmen Compensation Commissioner dtd.29.10.2003 in case No. C/F/4/2000 - Bhura Ram S/O Sukha Ji and Smt. Vagu Devi W/O Bhura Ram, parents of the deceased Ramesh need not be executed against the said employer. The said award was passed after hearing the employer by the Workmen Compensation Commissioner on 29.10.2003, a copy of which has been placed on record during the course of arguments by the learned counsel for the petitioner and according to which the compensation of Rs.2,02,600/- was directed to be paid by the employer with interest @12% per annum from 1.6.2000 and also penalty of Rs.20,160/- was directed to be paid by him.

(2.) The learned counsel for the petitioner Mr. Nitin Trivedi submitted that since compromise or agreement can be arrived at any stage between the parties and such a compromise did take place between the parties on 19.12.2003 after the said award was passed on 29.10.2003, therefore, the execution proceedings and auction proceedings undertaken in that regard vide Annex.P/4 was not justified and tractor No. RJ16R-5727 of the present petitioner - employer could not be attached and auction for recovery of awarded sum. He drew the attention of the Court towards Section 28 of the Workmen Compensation Act, 1923, which is reproduced below for ready reference :

(3.) The learned counsel for the petitioner, therefore, submitted that the impugned attachment and auction proceedings vide Annex.P4 deserve to be quashed in the present writ petition.