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Judgment
Harkesh Manuja, J.
CM-9731-CII-2026 & 9732-CII-2026
This is an application for condonation of delay of 86 days in refilling and 424 days in filing the appeal.
For the reasons mentioned in the application, which is supported by an affidavit, the same is allowed. Delay of 86 days in refilling and 424 days in filing the appeal is hereby condoned.
MAIN CASE:
The only grievance raised at this stage on behalf of the appellant-claimant is that although the learned Commissioner under the Employee’s Compensation Act, 1923, Nuh vide award dated 27.08.2024, accepted the claim petition and awarded compensation along with interest, it failed to consider the question of imposition of penalty upon the employer in accordance with Section 4A (3) (b) of the Employees’ Compensation Act, 1923, which reads as under:-
“4A. Compensation to be paid when due and penalty for default.
1.xxx xxx xxx
2.xxx xxx xxx (3) Where any employer is in default in paying the compensation due under this Act within one month from the date it fell due, the Commissioner shall—
(a)xxx xxx xxx
(b)if, in his opinion, there is no justification for the delay, direct that the employer shall, in addition to the amount of the arrears and interest thereon, pay a further sum not exceeding fifty per cent. of such amount by way of penalty: Provided that an order for the payment of penalty shall not be passed under clause (b) without giving a reasonable opportunity to the employer to show cause why it should not be passed.”
In such circumstances, without commenting upon merits of the appeal, the matter is remanded to the learned Commissioner under Employee’s Compensation Act, 1923, Nuh for a limited purpose to consider and adjudicate the question of imposition of penalty under Section 4A(3)(b) of the Employees' Compensation Act, 1923 against respondent No.1-employer while upholding the grant of compensation and interest awarded in favour of claimant. The needful exercise be done by affording due opportunity of hearing to the parties concerned after putting them to notice.
Disposed of in the above terms.
The present appeal is being disposed of without issuance of notice to the respondents so as to save them from unnecessary litigation expenses. However, in case the respondents are of the view that any material fact has been misstated or suppressed by the appellant, they shall be at liberty to approach this Court by filing an appropriate application seeking revival of the present appeal.
The appellant shall appear before the learned Commissioner on 01.10.2026. The proceedings be concluded within six months thereafter or else the claimant-appellant shall be entitled to seek necessary directions regarding imposition of cost on the authority from this Court in this appeal.
Pending miscellaneous application(s), if any, shall also stand disposed of.