Authority: High Court of Gujarat at Ahmedabad

Order Date: 15 July 2026

Case Overview

  • Parties: Appellant R.K. Chaudhary vs. Respondent Manager Kalptaru Papers Ltd. (Respondent No.1) and an additional respondent (Respondent No.2).
  • Original award: Workman Commissioner awarded Rs.1,34,400 with 6% interest from 25‑7‑1998 against Respondent No.2, but omitted the statutory penalty under the Employees' Compensation Act.
  • Appeal: First Appeal No. 1782 of 2009 filed by the appellant; counsel for appellant was Mr. RC Kakkad, counsel for Respondent No.2 was Ms. Kirti S. Pathak.
  • Dispute raised: Counsel Mr. Kakkad claimed the insurance company had not deposited the entire decretal amount.

Order Details

1. The High Court upheld the original award but remanded Workman Compensation Application No.11 of 2000 to the learned Workman Commissioner solely for the purpose of passing the omitted penalty order; all other terms of the award remain unchanged.

2. Regarding the insurance deposit, Ms. Kirti Pathak submitted that any shortfall must be deposited within eight (08) weeks from the date of this order before the Workman Commissioner.

3. The Workman Commissioner is directed to issue a notice to Respondent No.1 (Manager Kalptaru Papers Ltd.).

4. The claimant(s) and the insurance company are required to appear before the Workman Commissioner on 3 August 2026.

5. The penalty issue shall be decided as early as possible, preferably within twelve (12) weeks from 3 August 2026.

6. The First Appeal stands disposed of in accordance with the above directions.

7. The Registry is directed to return any records and pleadings (R & P) to the concerned Court forthwith.

Final Outcome

  • The appeal is disposed; the Workman Commissioner must now determine the statutory penalty, ensure full deposit of the decretal amount within eight weeks, and schedule a hearing on 3 August 2026 with a penalty decision expected within twelve weeks thereafter.

Topics: Court Order, Employees' Compensation, Penalty Determination