High Court Bench directs recovery of compensation
MADURAI, APRIL 02, 2019 00:00 IST
Petitioner lost his legs after he came in contact with a live wire
The Madurai Bench of the Madras High Court has directed the Joint Commissioner of Labour (Workmen’s compensation) to recover the compensation amount awarded by the Labour Commissioner Tribunal of Dindigul to a daily wager, who lost both his legs after coming in contact with a live wire during work hours.
Justice Abdul Quddhose said under Section 31 of the Employees Compensation Act, 1923, the Commissioner of Labour was empowered to recover the compensation awarded to a workmen as he was deemed to be public officer within the meaning of Section 5 of the Revenue Recovery Act, 1890.
Accordingly, the Commissioner should recover the amount within four months, the court said.
The court said that the award of compensation had attained finality as no appeal was preferred against the order. Though representation was made to the Collector for recovering the amount, it was the Commissioner of Labour alone who was empowered to recover the compensation. The Labour Commissioner Tribunal had awarded Rs. 4.72 lakh with an interest of 12% per annum to the daily wager.
The petitioner, S. Pandi of Dindigul, sought a direction to recover the compensation amount from his employer. He lost both his legs after he came in contact with a live wire at a construction site, where he was engaged as a daily wager.
MADURAI, APRIL 02, 2019 00:00 IST
Petitioner lost his legs after he came in contact with a live wire
The Madurai Bench of the Madras High Court has directed the Joint Commissioner of Labour (Workmen’s compensation) to recover the compensation amount awarded by the Labour Commissioner Tribunal of Dindigul to a daily wager, who lost both his legs after coming in contact with a live wire during work hours.
Justice Abdul Quddhose said under Section 31 of the Employees Compensation Act, 1923, the Commissioner of Labour was empowered to recover the compensation awarded to a workmen as he was deemed to be public officer within the meaning of Section 5 of the Revenue Recovery Act, 1890.
Accordingly, the Commissioner should recover the amount within four months, the court said.
The court said that the award of compensation had attained finality as no appeal was preferred against the order. Though representation was made to the Collector for recovering the amount, it was the Commissioner of Labour alone who was empowered to recover the compensation. The Labour Commissioner Tribunal had awarded Rs. 4.72 lakh with an interest of 12% per annum to the daily wager.
The petitioner, S. Pandi of Dindigul, sought a direction to recover the compensation amount from his employer. He lost both his legs after he came in contact with a live wire at a construction site, where he was engaged as a daily wager.
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