Court Rules Employee's Supervision Role Exposed Him to Risks Justifying Compensation Under COVID Circular
The Bombay High Court, in a landmark decision, has directed the Maharashtra State Road Transport Corporation Ltd. (MSRTC) to compensate Smt. Sunita Bapu Jagtap with Rs. 45 lakh for the COVID-related death of her husband, Bapu Jagtap, an MSRTC employee. This decision comes after the court took a broader interpretation of the compensation circulars designed to assist employees affected by the COVID-19 pandemic.
Bapu Jagtap, who was deputed to supervise traffic at the Wadala Depot of the Brihanmumbai Electric Supply and Transport Undertaking, succumbed to COVID-pneumonia in April 2021. Initially, MSRTC had denied the compensation claim, stating that Jagtap was not engaged in essential services like driving, as outlined in the compensation circular. However, the High Court observed that Jagtap's supervisory role involved significant interaction with drivers and conductors, thereby exposing him to similar risks.
The court criticized the narrow interpretation of the circular by MSRTC, emphasizing the broader risks faced by employees during the pandemic. It recognized the precarious situation during COVID-19, where public services, including transport, were operational despite the pandemic's severe impact. The court underscored the necessity of interpreting the circulars in a manner that aligns with the benevolent intentions behind their formulation.
In its judgment, the court cited previous cases where a broader interpretation of similar circulars was upheld, reflecting a consistent judicial approach to ensuring fair compensation for pandemic-related duties. The court ordered MSRTC to pay the remaining Rs. 45 lakh, after adjusting the Rs. 5 lakh already paid, within eight weeks, failing which an interest of 6% per annum would be applicable.
This judgment sets a precedent for similar cases, ensuring that employees who risked their lives during the pandemic for public services are duly recognized and compensated.
Bottom Line:
Compensation under Circular for COVID-related death - Employee deputed for supervising traffic and exposed to similar risks as drivers and conductors - Entitled to compensation under circular provisions.
Statutory provision(s): Disaster Management Act, 2005, Epidemic Diseases Act, 1897
