- (1.) The present writ petition has been filed by the employer Jamat Singh against the order dtd.6.2.2006 passed by the Workmen Compensation Commissioner on the application filed by the said employer that on account of compensation of Rs.1,00,000/- paid to the legal heirs of deceased Ramesh, whose death took place during the course of employment of said Ramesh with the present petitioner Jamat Singh and upon such mutual agreement, since the amount of compensation of Rs.1,00,000/- has been accepted by the legal heirs of the said deceased, therefore, the execution of the award passed by the Workmen Compensation Commissioner dtd.29.10.2003 in case No. C/F/4/2000 - Bhura Ram S/O Sukha Ji and Smt. Vagu Devi W/O Bhura Ram, parents of the deceased Ramesh need not be executed against the said employer. The said award was passed after hearing the employer by the Workmen Compensation Commissioner on 29.10.2003, a copy of which has been placed on record during the course of arguments by the learned counsel for the petitioner and according to which the compensation of Rs.2,02,600/- was directed to be paid by the employer with interest @12% per annum from 1.6.2000 and also penalty of Rs.20,160/- was directed to be paid by him.
(2.) The learned counsel for the petitioner Mr. Nitin Trivedi submitted that since compromise or agreement can be arrived at any stage between the parties and such a compromise did take place between the parties on 19.12.2003 after the said award was passed on 29.10.2003, therefore, the execution proceedings and auction proceedings undertaken in that regard vide Annex.P/4 was not justified and tractor No. RJ16R-5727 of the present petitioner - employer could not be attached and auction for recovery of awarded sum. He drew the attention of the Court towards Section 28 of the Workmen Compensation Act, 1923, which is reproduced below for ready reference : 28. Registration of agreements.- (1) Where the amount of any lump sum payable as compensation has been settled by agreement, whether by way of redemption of a half- monthly payment or otherwise, or where any compensation has been so settled as being payable to a woman or a person under a legal disability] a memorandum thereof shall be sent by the employer to the Commissioner, who shall, on being satisfied as to its genuineness, record the memorandum in a register in the prescribed manner: Provided that- (a) no such memorandum shall be recorded before seven days after communication by the Commissioner of notice to the parties concerned; (b)... (c) the Commissioner may at any time rectify the register; (d) where it appears to the Commissioner that an agreement as to the payment of a lump sum whether by way of redemption of a half- monthly payment or otherwise, or an agreement as to the amount of compensation payable [to a woman or a person under a legal disability] ought not to be registered by reason of the inadequacy of the sum or amount, or by reason of the agreement having been obtained by fraud or undue influence or other improper means, he may refuse to record the memorandum of the agreement 5[ and may make such order] including an order as to any sum already paid under the agreement, as he thinks just in the circumstances. (2) An agreement for the payment of compensation which has been registered under sub- section (1) shall be enforceable under this Act notwithstanding anything contained in the Indian Contract Act, 1872 (9 of 1872 ), or in any other law for the time being in force.
(3.) The learned counsel for the petitioner, therefore, submitted that the impugned attachment and auction proceedings vide Annex.P4 deserve to be quashed in the present writ petition.;