Dalip Kaur And Another v. General Manager, Northern Railway And Another

Naresh Chander Jain, J.:— This appeal under Section 30 of the Workmen Compensation Act (hereinafter referred to as the Act') has been filed by the widow and the daughter of Tek Singh deceased who died on 17.3.1986 while discharging his duty in the Loko D.G Shed at Bhatinda. The appellants have been held entitled to recover a sum of Rs. 58480/- along with interest at the rate of 6% per annum from the date the amount became due till the date of realisation. However, the penalty as specified in sub-section 3 of Section 4 A of the Act, has not been imposed.

2. In this appeal, against the impugned order, the appellants have limited their claim for imposition of penalty. The Senior Subordinate Judge exercising the powers of Commissioner under the Workmen's Compensation Act, by his impugned order dt. 10.5.89 has declined to impose any penalty on the ground that the appellants did not claim any penalty in their application and that they claimed a sum of rupees one lac in lump sum. The reasoning advanced in my view, is unsustainable. It is a will settled principle of law that a Court of law is not to go to the relief clause in the petition while granting an appropriate relief. The Court of law is to see as to what relief is to be granted to an aggrieved party. Section 4-A sub section J of the Act empowers the Commissioner to impose the penalty not exceeding 50% of the amount which became due i.e within one month of the accident. It is not disputed before me that the appellants had served a notice upon the employer which is Railway Department. Despite service of notice the employer did not deposit any amount whatsoever. Since the reasoning advanced by the trial Court under the impugned order, does not stand judicial scrutiny, I hereby allow the appeal and impose penalty to the tune of 35%. The amount of penalty shall be deposited within a period of 60 days from today.

R.M.S-Appeal allowed.