Tribunal's Beneficial Approach in Applying Employees Compensation Act, 1923, Affirmed by High Court
In a significant judgment, the Calcutta High Court has upheld the decision of the Commissioner Employees' Compensation (1st Court) of West Bengal, affirming the award of compensation to the family of a deceased railway worker. The decision came in the case of General Manager, Eastern Railway v. Ajmira Mirja, where the Eastern Railway had appealed against the compensation awarded to the widow of Allarkha Mirja, a worker who tragically lost his life in a railway accident on December 23, 2006.
The High Court, presided over by Justice Biswaroop Chowdhury, dismissed the appeal filed by the Eastern Railway, thereby supporting the earlier judgment dated December 26, 2014, by the Commissioner. The case revolved around the tragic death of Allarkha Mirja, who was employed through a contractor and died while performing his duties on the railway track. The Commissioner had awarded a compensation of Rs. 3,56,980 along with 12% interest per annum to the dependents of the deceased.
The Eastern Railway challenged this decision, arguing that the deceased was not directly employed by them, and contested the monthly salary figure of Rs. 4,000 as well as the notice of the accident. However, the High Court refuted these claims, emphasizing that the Employees Compensation Act is a beneficial legislation aimed at ensuring welfare. The Court noted that the Tribunal is not bound by strict rules of evidence and can rely on available evidence such as oral testimonies and police reports to fulfill the welfare objectives of the Act.
Justice Chowdhury highlighted that the Railway Authority had indeed received notice of the accident through a railway memo and police report, thereby dismissing the appellant's plea of lack of notice. The Court further reasoned that the age of the deceased, as stated in the post-mortem report, and the notional income were appropriately considered by the Commissioner.
The judgment underscores the importance of a sympathetic and welfare-oriented approach by Tribunals in adjudicating cases under the Employees Compensation Act, 1923. The High Court's decision reinforces the notion that the welfare objectives of such beneficial legislation must be prioritized, ensuring that compensation reaches the families of workers who tragically lose their lives in workplace accidents.
Bottom Line:
Employees Compensation Act, 1923 - Beneficial legislation - Tribunal is not bound by strict rules of evidence and should ensure welfare objectives are fulfilled - Oral evidence and police enquiry report sufficient to award compensation when family members of deceased worker may not be able to submit all documents.
Statutory provision(s): Employees Compensation Act, 1923, Section 174 of the Code of Criminal Procedure.
General Manager, Eastern Railway v. Ajmira Mirja, (Calcutta) : Law Finder Doc id # 2849235
