Kaushal Jayendra Thaker, J. - (1.) Heard Sri Arun Kumar Srivastava for the appellant - owner of the vehicle, Sri Amit Singh for Insurance company and Sri Sumit Daga for original claimant.
(2.) By means of this appeal, the appellant challenges the judgment and award dated 30.3.2002/1.4.2002 passed by Deputy Labour Commissioner, Saharanpur, in Workmen Compensation Case No.4 of 2001 (Smt. Haseena & others Vs. Smt. Rekha Goel and others) awarding 50 per cent penalty on the appellant - owner of the awarded amount.
(3.) At the outset it is a settled principle that the issue arises for consideration before this Court under Section 30 of the Act is to examine substantial questions of law. In this case, this Court passed the following order on 4.6.2003:- "Till the next date of listing, the recovery of the penalty amount shall remain stayed provided the appellant deposits 50 per cent of the penalty amount within a period of two weeks from today. In the case of default, the stay order shall automatically stand vacated. On the deposit being made, the vehicle in question shall be released from attachment." This order was further modified and stay on payment of penalty has been granted by this Court on 17.11.2004 as the claimant was pressing for the execution. Operative part of the order dated 17.11.2004 reads as under:- "Admit. Issue notice on the substantial questions mentioned in the memo of appeal. Till further orders of the Court only the penalty imposed by the court below shall remain stayed.";