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4. Sudhir Panpaliya,
Senior Engineer,
Sadique and Company,
Behind Civil Court,
Ashiyana Apartment, Camp,
Amravati.
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JUDGMENT
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as under:
month.
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He fell down from the third floor of the shopping complex and
died. When the deceased fell down from the third floor of the
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notice. The said notice was not replied by any of them and,
fell due.
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However, none appeared for them and hence the matter was
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the said Act, without issuing a show cause notice and giving
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sub-section (1) of Section 4-A of the said Act “falls due”. The
the said Act would start running on the amount which fell due.
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month from the date it “fell due”, the Commissioner can direct
passed.
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Only one leader was there and through the said leader wages
floor and due to slip of leg the deceased fell down from third
Dasmatdas i.e. respondent No.5 was giving him work and also
who testified that the deceased was his son and working with
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who used to pay wages to him for the work done. Appellants
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pay the deceased Rs.90/- per day and Rs.2700/- per month
and merge report show that the alleged incident took place
them.
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appellant No.1.
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achieve the object of the said Act. Section 4-A of the said Act
the Section, within one month from the date, but it is due
grounds like the injured person being not his employee or that
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attracted and one month's period would start running from the
award but also from the date of the accident concerned. Such
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does not arise. It is further held that legislature has not used
the expression "from the date of accident" but has used the
expression “falls due”, and in the light of this, it was held that
by the Commissioner.
Pawar v. Sheshrao Ramji Jogdand and anr cited supra has laid
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under the said provision after issuing show cause notice to the
not liable for this penalty. It has further been held that if
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the case of Ved Prakash Garg vs. Premi Devi and ors cited
ORDER
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is maintained.
!! BrWankhede !!
Digitally signed
by BHUSHAN
RANA
BHUSHAN WANKHEDE
RANA Date:
WANKHEDE 2023.03.10
16:24:02
+0530
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