HIGH COURT OF CHHATriSGAR BILASPUR Sinale Bench : Hon'ble Shri Dilip Raosaheb Deshmukh. J. APPELLANTS CLAIMANTS M.A.(C]. No.254/2007 01. Thanwarin Yadav, Wd/o Padum lal Yadav, Aged about 30 years. 02. Rupesh Kumar Yadav, S/o Padum lal Yadav, Aged about 7 years. 03. Ku. Rinki Yadav, D/o Padum !al Yadav, Aged about 5 years. 04. Ku. Renu Yadav, D/o Padum tal Yadav, Aged about 3 years. 05. Ku. Sukwaro Yadav, D/o Padum lal Yadav, Aged about 1 years. 06. Mehatarin Yadav, D/o Padum lal Yadav, Aged about 55 years. 07. Kanhaiya RamYadav S/o Late Dukhu Yadav, aged about 60 years. Appellants No.2, 3, 4 & 5 are represented by legal guardian mother Thanwarin Bai Yadav. All resident of Village Taresar, P.S. Dharsiwa, District Raipur (C.G.) versys RESPONDENTS NON-APPUCANTS w» Mesors Anand Construction, Raipur Through- Manakchand Jain, Vivekanand Nagar, District Raipur (C.G.) National Insurance Company Limtied, through Divisional Manager, National tnsurance Company Limited, G. E. Road, Raipur, Tehsil and District - Raipur(C.G.) Miscelianeous ADpeal under Section 30 QflheWorkmen Compensation Act 1923. Present : Shri S. C. Verma, counsel for the appeliant. Shri Raj Awasthi, counsel for respondent No.2. ORAL ORDER (Passed on 12m October, 2007) Heard. •BB" ^^^^ssls"<!i 2 Leamed counsel for the appellant seeks permisslon to withdraw this appeat with a prayer that liberty be granted to theappellant to make an application before the Commissioner for Workmen's Compensation for award of penalty against employer under sub ru!e-3 of Section-4 (A) of the Workmen's Compensation Act, 1923. Reserving the aforesaid liberty, this appeal is dismissed as withdrawn. Upon such an application being made, the Commissioner for Workmen's Compensation, Labour Court, Raipur, aftercomplying with the proviso to sub rule-3(b) of Section 4 (A) of the Workmen's Compensation Act, 1923, shall decide the application on its own merits.^-^r ,binu Tumane