MAHINDERA DEVI Vs. GOVERNMENT OF NCT OF DELHI
LAWS(DLH)-2007-4-5
HIGH COURT OF DELHI
Decided on April 25,2007

MAHINDERA DEVI Appellant
VERSUS
GOVERNMENT OF NCT OF DELHI Respondents

JUDGEMENT

- (1.) DESPITE service, none appeared on behalf of the respondents and, as such, the respondents were proceeded against ex pane vide orders passed by my learned predecessor on 29. 11. 2006.
(2.) I have heard counsel for appellants. Learned counsel for appellants has drawn my attention towards para 14 of the order passed by Mr. S. P. Singh, Commissioner under the Workmen's Compensation Act, 1923. The said para is produced verbatim: " (14) Considering the Workmen's Compensation Act is a 'social welfare legislation' and further considering the facts that the appellant had waited a year to get the applied amount of compensation in the interest of justice, I hereby allow her interest at the rate of 12 per cent from the date of order, i. e. , 26. 5. 2004 to 4. 5. 2005, the date that the balance payment was made to her, i. e. , Rs. 35,657 (rupees thirty-five thousand six hundred and fifty-seven only ). "
(3.) THE appellants have picked up a conflict with this order and pointed out that as per section 4-A, clause (3) of the workmen's Compensation Act, 1923, the interest has to be paid within one month from the date it fell due. Section 4-A clause (3) of the Workmen's compensation Act, 1923, reproduced as under: " (3) Where any employer is in default in paying the compensation due under this Act within one month from the date it fell due, the Commissioner shall- (a) direct that the employer shall, in addition to the amount of the arrears, pay simple interest thereon at the rate of twelve per cent per annum or at such higher rate not exceeding the maximum of the lending rates of any scheduled bank as may be specified by the Central government, by notification in the Official Gazette, on the amount due; and";


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