High Court of Gujarat
R.K.CHAUDHARYversusMANAGER KALPTARU PAPERS LTD.
- Decided
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- C DOSHI
Holding
The award is remanded to the Workman Commissioner for passing the penalty order, with the remainder of the award upheld.
Summary
In a first appeal, R.K. Chaudhary challenged the award of Rs.1,34,400 with 6% interest granted by the Workman Commissioner, alleging that the Commissioner failed to pass the mandatory penalty order under the Employees' Compensation Act. The High Court observed that the omission of the penalty order was a procedural defect requiring correction. Consequently, the Court remanded the matter back to the Workman Commissioner to decide the penalty while leaving the rest of the award unchanged. The Court also directed that any shortfall in the decretal amount be deposited within eight weeks and set a hearing for 3 August 2026, with the penalty to be decided within twelve weeks thereafter. The appeal was thereafter disposed.
Issues considered
- Whether the Workman Commissioner's failure to pass a penalty order under the Employees' Compensation Act warrants remand of the award.
Legislation cited
Subjects
- Employees' Compensation Act
- penalty order
- workmen's compensation
- remand
- award
- interest
- insurance deposit
- appellate jurisdiction
Judgment
C/FA/1782/2009 ORDER DATED: 15/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1782 of 2009
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R.K.CHAUDHARY
Versus
MANAGER KALPTARU PAPERS LTD. & ANR.
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Appearance:
MR RC KAKKAD(389) for the Appellant(s) No. 1
MRS SANGEETA N PAHWA(527) for the Defendant(s) No. 1
MS KIRTI S PATHAK(9966) for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 15/07/2026
ORDER
1. Having heard learned advocates appearing for the
respective parties, what appears from the record that the
learned Workman Commissioner while passing award of
Rs.1,34,400/- against respondent No.2 herein with 6% interest
from 25.7.1998, perhaps had forgotten to pass order of
penalty, which is statutory requirement under the Employees’
Compensation Act. Therefore, what could be observed that
the matter is required to be remanded back to the learned
Workman Commissioner for deciding penalty issue by
upholding the impugned judgment and award.
2. For the reasons stated herein above, I pass following
order:-
2.1 Workman Compensation Application No.11 of 2000 is
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C/FA/1782/2009 ORDER DATED: 15/07/2026
hereby remanded to the learned Workman Commissioner for
consideration of passing order of penalty only. Rest of the
order remained unchanged.
2.2 Learned advocate Mr. RC Kakkad raised a dispute that
the insurance company has not deposited the entire decretal
amount. To which, learned advocate Ms. Kirti Pathak submits
that if the entire decretal amount is not deposited, the same
shall be deposited within 08 weeks from today before the
concerned learned Workman Commissioner.
2.3 The concerned learned Workman Commissioner shall
issue notice to the respondent No.1 herein. The claimant/s
and the insurance company to remain present before the
learned Workman Commissioner on 3.8.2026.
2.4 The issue of penalty shall be decided as early as
possible, preferably within 12 weeks from 3.8.2026.
2.5 With aforesaid observation and direction, present First
Appeal stands disposed of accordingly.
2.6 Registry is directed to return back the R & P, if any, to
the concerned Court forthwith.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 15/07/2026 15:31:05
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