Delhi High Court
M/S Narsingh Dass & Co Pvt Ltd vs Sheela & Ors on 26 July, 2017
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision:26th July, 2017
+ FAO 370/2016 & CM Nos. 28678/2016, 43547/2016
M/S NARSINGH DASS & CO PVT LTD ..... Appellant
Through Mr. Ankit Jain, Mr.Mohit Gupta,
Advocates.
versus
SHEELA & ORS ..... Respondents
Through Mr. M.P. Singh, Mr.A.K. Singh,
Advocates
Mr. Pankaj Sinha, Ms.Jubli Momalia,
Advocates for respondent no.7.
Mr.Sanjoy Ghose, ASC with
Ms.Aparajita Shara, Advocate for
GNCTD.
SI Jaibir, P.S. Alipur
SI Dinesh Dahiya, P.S. Sultanpuri,
concerned IO.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the order dated 18th May, 2016 whereby
Commissioner, Employees' Compensation has awarded compensation of
Rs.8,15,400/- along with interest @ 12% per annum w.e.f. 30th August, 2012
to respondents no.1 to 6.
2. Respondents no.1 to 6 are the widow, minor children and parents of
late Hari Ram Gupta and they filed an application for compensation before
the Commissioner, Employees' Compensation claiming compensation for
the death of Hari Ram Gupta. According to the claimants, Hari Ram Gupta
was working as a welding operator with the appellant. On 30th July, 2012 at
about 6.30 P.M., Hari Ram Gupta suffered electrocution while carrying out
welding work at the paper godown, 20 Kila, Jindpur, Alipur, Delhi which
resulted in his death. The police registered FIR No.240/2012 dated 31st July,
2013 under Section 287/304A IPC at P.S. Ali Pur.
3. The appellant contested the claim on the ground that the deceased was
not their employee and the appellant availed the services of the deceased for
carrying out the welding work.
4. The Commissioner, Employees' Compensation held that the deceased
was employed by the appellant for carrying out the welding work on 30 th
July, 2012 at the paper godown, 20 Kila, Jindpur, Alipur, Delhi.
5. Learned counsel for the appellant urged at the time of the hearing that
the Commissioner, Employees' Compensation was not qualified as he was
not holding the post of gazetted officer for five years in terms of Section 20
of the Employee's Compensation Act. The appellant also disputes the
relationship of employment with the deceased on the ground that the
appellant availed the services of the deceased for the welding work.
6. Learned counsel for the claimants submit that the appellant executed
an agreement with respondent no.1 agreeing to pay Rs.2,50,000/- to her. As
per the Memorandum of Understanding, the appellant has admitted having
engaged the deceased for the purpose of welding work and further that the
deceased got electric shock while working and suffered fatal injuries. It is
further submitted that the appellant did not seek the approval of the
Commissioner, Employees' Compensation for the Memorandum of
Settlement and no amount has been paid to the claimants.
7. Mr. Sanjoy Ghose, learned Additional Standing Cousnel for Govt. of
NCT of Delhi submits that the matter be remanded back to the
Commissioner, Employees' Compensation. Mr. Sanjoy Ghsoe, learned
Additional Standing Cousnel for Govt. of NCT of Delhi further submits that
the Commissioner, Employees' Compensation has not imposed the penalty
under Section 4A(3). It is submitted that the appellant did not deposit the
compensation amount within 30 days of the accident and therefore, the show
cause notice for penalty be issued to the appellant and the Commissioner,
Employees' Compensation be directed to adjudicate the issue of penalty as
well at the time of the hearing.
8. The record of the Commissioner, Employees' Compensation has been
perused. The appellant has not deposited the compensation amount with the
Commissioner, Employees' Compensation within 30 days of the accident
dated 30th July, 2012 and therefore, a show cause notice is hereby issued to
the appellant to show cause as to why the penalty be not imposed on the
appellant. Learned counsel for the appellant accepts notice and is given
liberty to file the reply to the show cause before the Commissioner,
Employees' Compensation on 3rd August, 2017.
9. In the facts and circumstances of this case, the impugned order dated
18th May, 2016 is set aside and the matter is remanded back to the
Commissioner, Employees' Compensation for fresh adjudication. The
following additional issue is framed:
"Issue No.4 - If the issues already framed on 13th May, 2015 are
decided in favour of the applicant, whether the penalty should be
imposed on the respondent? If so, upto what extent?"
10. The parties shall appear before the Commissioner, Employees'
Compensation on 3rd August, 207 when the Commissioner, Employees'
Compensation shall hear the parties and pass a fresh order. The
Commissioner, Employees' Compensation shall adjudicate the issue of
penalty as well at the time of the hearing.
11. List for reporting compliance on 30th August, 2017.
12. The record of the Commissioner, Employees' Compensation be
returned back forthwith.
13. Copy of this judgment be given dasti to counsel for the parties under
the signature of the Court Master.
JULY 26, 2017 J.R. MIDHA, J.
dk
