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National Insurance Co. Ltd. vs. LR’s. of Dhapu Kanwar & Ors.

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Employees Compensation Act, 1923–Sec. 4A(3)(b)–Scope–There is nothing in the proviso to Sec. 4A(3)(b) of the Act which can show that a separate notice is to be issued to the employer for imposing the penalty–Therefore, in case where the employee was duly served with the registered notice of the claim petition by the Commissioner, the same would qualify as giving a reasonable opportunity to the employer to show cause within the meaning of the proviso to Sec. 4A(3)(b).