Madhya Pradesh High Court
Divisional Railway Manager vs Smt. Uma Devi on 17 January, 2017
MA-263-2008
(DIVISIONAL RAILWAY MANAGER Vs SMT. UMA DEVI)
17-01-2017
Shri Rakesh Pandey, learned counsel for appellant.
This appeal is filed against the order dated 22.09.2007 passed
by the Commissioner, Labour Court in Case No.03/WC
Act/07(F), whereby the appellant was directed to pay 30%
penalty of the awarded amount to the respondent.
Learned counsel for the appellant submits that the day to day delay has already been explained. He has invited my attention to para-4 of the memo of appeal where he has explained the delay from 27.12.1999 to 13.08.200. As per the learned counsel for appellant, this delay was not intentional, an enquiry was done by different departments and in this process, delay of 1 year 6 months and 12 days has occurred.
From the perusal of record, it is clear that appellant has not filed any such chart or explained the day to day delay before the Tribunal.
Under such circumstances, the Tribunal has rightly held that the appellant is liable to pay the penalty under Section 4-A of Worksmen's Compensation Act at the rate of 30% of the awarded amount. No substantial questions of law arises in this appeal.
Accordingly, this appeal is dismissed.
(NANDITA DUBEY) JUDGE mn