FAO No.5847 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5847 of 2009 (O&M) Date of Decision: 19.4.2010 Kuldeep Malik .... Appellant. Versus Smt.Sumitra and others . .... Respondents. CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.G.S.Duhan, Advocate for the appellant. Mr.S.S.Virk, Advocate for respondents No.1 to 4. Mr.Vinod Chaudhary, Advocate for respondent No.5. RAKESH KUMAR JAIN J. This appeal is directed against the order of Workmen's Compensation Commissioner Panipat Circle-1, who had allowed the compensation Rs.1,91,363, interest Rs.50,383/- and penalty Rs.76,545/- total amounting to Rs.3,18,291/- to be paid by respondents No.1 and 2 i.e. the owner of the offending container as well as New India Insurance Company within 30 days from the date of order failing which they were held liable to pay 18% p.a. interest from the date of order. The argument raised by the learned counsel for the respondents was in respect of non-compliance of proviso to Section 4A(3)(b) of Workmen's Compensation Act, 1923 for which a show cause notice has to be given to the employer. Notice of motion was issued only regarding penalty on 26.2.2010 and disbursement of the penalty amount was ordered FAO No.5847 of 2009 (O&M) -2- to be stayed. Counsel for respondent No.5 has stated that he has already deposited the amount of compensation but the amount of interest has not been deposited either by the owner or the Insurance Company. It is submitted that the matter may be remanded back to the Commissioner for deciding the question of the amount of penalty after issuing show cause notice to the appellant but before that the appellant may be directed to deposit the amount of interest with the Commissioner. I have found that request made by counsel for respondents No.1 to 4 appears to be genuine and plausible as a result of which, the present appeal is allowed. The impugned order qua penalty amount alone is set aside. The appellant is directed to deposit the amount of interest within 15 days from the date of receipt of certified copy of the order. The Workmen's Compensation Commissioner Panipat Circle-1 is directed to decide the question of amount of penalty after issuing show cause notice. The parties are directed to appear before the Commissioner on 24.5.2010. (RAKESH KUMAR JAIN) 19.4.2010 JUDGE Meenu