UNREPORTABLE
* IN THE HIGH COURT OF DELHI AT NEW DELHI
FAO No.260/2008
Date of Decision: May 12, 2010
B.S.E.S.YAMUNA POWER LTD. ..... Appellant
through Mr. Rohit K. Aggarwal, Advocate
versus
SAKAMBHARI BISHT ..... Respondent
through None
CORAM:
HON'BLE MISS JUSTICE REKHA SHARMA
1. Whether the reporters of local papers may be allowed to see the
judgment? No
2. To be referred to the reporter or not? No
3. Whether the judgment should be reported in the 'Digest'? No
REKHA SHARMA, J. (ORAL)
It is not disputed by the learned counsel for the appellant that there was a delay of 5 months in making payment of the awarded amount. The Commissioner under the Workmen's Compensation Act has, in view of the delay, imposed a penalty of Rs.80,000/- being approximately 25% of the total awarded amount. The only reason advanced for not making the payment within a period of one month as provided under the Act, is that a Special Leave Petition was preferred against the judgment of this Court in the case of Government of NCT of Delhi & ors. versus K.R.Jain & ors. in LPA No.98/2005 decided on FAO No.260/2008 Page 1 of 2 March 30, 2006 and that the appellant was hoping that the Special Leave Petition would get disposed of in its favour at an early date.
This, in my view, was no ground for not making the payment in time. There is no merit in the appeal. The same is dismissed.
REKHA SHARMA, J.
MAY 12, 2010 ka FAO No.260/2008 Page 2 of 2