Case Law Details
Commanding Officer Vs Bhavnaben Dinshbhai Bhabhor & Others (Supreme Court of India)
Conclusion: In present facts of the case, the Hon’ble Supreme Court held that family members of deceased Constable in the Railway Protection Special Force would be entitled to Compensation under Workmen Compensation Act, 1923 as he would be considered as a “Workman” under the said Law.
Facts: In present facts of the case. the appeal was directed against the judgment and order of the High Court of Gujarat at Ahmedabad by which the appeal of the appellant under Section 30 of the Employees Compensation Act, 1923 against the order of the Workmen Compensation Commissioner has been dismissed.
The brief facts were that the husband of the first respondent was appointed as a Constable in the Railway Protection Special Force. He died on 23.04.2008 in an accident in the course of his employment. On his death, the first respondent along with other heirs of the deceased filed a claim petition under the 1923 Act for compensation by claiming, inter alia, that on the date of his death, the deceased was aged 25 years and getting monthly wages of Rs. 8,000/-. The claim was resisted by the appellants, inter-alia, on the ground that the deceased was part of the Armed Forces of the Union and, therefore, not a workman; hence, the claim petition under the 1923 Act was not maintainable.
The Commissioner found that the claim petition was maintainable. Aggrieved by the order of the Commissioner, the appellant filed a first appeal before the High Court and the appeal was dismissed.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
