High Court to Punjab: Pay Rs 1L for delay in paying relief

Saurabh Malik

Chandigarh, April 6

The Punjab and Haryana High Court has rapped Punjab and its functionaries for non-payment of compensation to a needy family, while imposing Rs 1 lakh costs on them. The admonition by Justice Sanjay Vashisth came in a case where a widow, her two sons and a daughter were granted Rs 1,97,060 as compensation after her husband expired in March 1994 while in employment.

The petition was filed in 1998 by Punjab Chief Secretary, Secretary, Information and Public Relations Department, and Bathinda District Public Relation Department challenging the award dated March 18, 1998, passed by a Commissioner under the Workmen’s Compensation Act

Justice Vashisth, during the course of hearing, took note of the submission by senior advocate Baltej Singh Sidhu on the family’s behalf that the writ petition was filed by ignoring the statutory provisions. It was not maintainable because the order passed by the commissioner was appealable. But the appeal would not be maintainable until it was accompanied by the commissioner’s certificate that the appellant had deposited with him the amount payable under the impugned order.

Justice Vashisth observed that the statutory period for filing of appeal was 60 days. Admittedly, neither was the compensation amount deposited, nor was the commissioner’s certificate appended with the writ petition. Documents were, rather, not appended to show that the awarded compensation had been paid to the claimants to meet out the very purpose of the Act –– the rehabilitation of the bereaved family.

Justice Vashisth asserted that the court could not lose sight of the fact that the petitioners against whom the impugned award was passed were the state government and its authorities. “On the basis of mere technicalities, the petitioners –– who are well acquainted with law, its lengthy procedure and aims and objects of the statute – Workmen’s Compensation Act – cannot be expected to sit idle with closed eyes and not to pay the awarded amount of compensation to the needy family”.

Justice Vashisth added that a frivolous attempt had been made by filing the writ petition before the court, without pointing out any special reason of doing so, merely to avoid depositing the compensation amount for not filing the appeal. “Looking at the conduct of the petitioners, this court is constrained to impose cost amount of Rs 1 lakh against the petitioners/Punjab,” the Bench asserted.

Justice Sanjay Vashisth kept the matter pending to apprise the court “as to why the compensation amount, along with interest, has not been paid till date to the claimants” and to produce the receipt of costs deposited.

‘State well acquainted with law’

On the basis of mere technicalities, the petitioners, who are well acquainted with law, its lengthy procedure and aims and objects of the statute — Workmen’s Compensation Act — cannot be expected to sit idle with closed eyes and not to pay the awarded amount of compensation to the needy family. — Justice Sanjay Vashisth