B.S.E.S.Yamuna Power Ltd. vs Sakambhari Bisht
2010 Latest Caselaw 2550 Del

                                                       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

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