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MANOJ KUMAR OHRI
Ajay Kumar Gupta – Appellant
Versus
Anita – Respondent
JUDGMENT
Manoj Kumar Ohri, J. (Oral)
1. By way of present appeal filed under Section 30 of the Employees' Compensation Act, 1923 (hereinafter, the `EC Act'), the appellant (respondent below) has assailed order dated 13.03.2019 passed by the learned Commissioner, Employees' Compensation in Case No.WCD/14/ND/2013/1034, whereby penalty to the extent of 35% of the compensation amount has been imposed on him in terms of Section 4- A(3)(b) of the EC Act.
2. The appeal is accompanied by an application under Section 5 of the Limitation Act read with Section 151 CPC seeking condonation of delay of 328 days, wherein it is averred that the appellant became aware of the passing of the impugned order on 15.12.2020. It is stated that he was not supplied a copy of the impugned order by the learned Commissioner and came to know of its passing only when he was served with a notice by the learned Executive Magistrate directing him to appear on 11.01.2021.
3. Considering the mandate of Section 5 of the Limitation Act, I am of the opinion that the appellant has failed to make out any `sufficient cause' to explain the delay occasioned in the present case. Be that as it may, as learned counsels appear
The liability of the employer to pay penalty amount up to 50% of the compensation under Section 4-A(3)(b) of the Employees' Compensation Act.
The insurance company is liable to meet the claim for compensation along with interest as imposed on the insured employer by the Workmen's Commissioner under the Compensation Act, but not liable to r....
Claim for compensation along with interest will have to be made good jointly by Insurance Company with insured employer.
The main legal point established in the judgment is that the penalty under Section 4-A(3)(b) of the Workmen's Compensation Act is the liability of the employer and not the insurance company.
Employees Compensation Act, 1923 – Section 4A(3)(b) – Insurance Company has no liability for payment of penalty in addition to compensation and interest component.
The Insurance Company is liable for interest on compensation under the Employee’s Compensation Act, while the employer is responsible for penalty payments.
The scope of appeal under the Employees' Compensation Act is confined to substantial questions of law, with findings of fact generally not subject to interference.
The court affirmed that the employer-employee relationship is crucial for compensation claims under the Employee’s Compensation Act, including for casual workers post-amendment.
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