Supreme Court - Daily Orders
Khitish Chakraborty vs The Chief Executive Officer on 11 April, 2022
Bench: L. Nageswara Rao, B.R. Gavai
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2902 of 2022
(@ Petition(s) for Special Leave to Appeal (C) No(s).11467/2020)
KHITISH CHAKRABORTY & ANR. Appellant(s)
VERSUS
THE CHIEF EXECUTIVE OFFICER & ORS. Respondent(s)
O R D E R
Leave granted.
The son of the appellants aged 31 years died due to electrocution at the construction site on 30.06.2013. The appellants filed an application for compensation under the Employee’s Compensation Act, 1923 (in short “the Act”) before the Commissioner, Employees Compensation, Agartala. An Award was passed on 02.05.2018 directing the respondents to pay compensation amounting to Rs.6,60,000/- along with a penalty of Rs.10,000/- with interest @ 6% PA from the date of the application. The respondents preferred an appeal against the said Award before the High Court of Tripura at Agartala. By the impugned judgment, the High Court set aside the award passed by the Commissioner, Employees Compensation, Agartala.
The respondents contended before the High Court that Signature Not Verified Digitally signed by BALA PARVATHI Date: 2022.04.16 the son of the appellants was engaged as a mason by the 11:38:01 IST Reason: contractor when he met with the accident. Therefore, he cannot be treated as a ‘worker’ of the respondents. 2 The learned counsel appearing for the appellants has drawn our attention to Section 12 of the Act and a judgment of this Court in Fazlu Rahman Ansari Vs. National Insurance Company Ltd. And Ors cited in (2019) 13 SCC 806. In this case, this Court referred to Section 2 (1) (e) of the Act and held that it would cover any kind of employment by virtue of which workmen of any services including that of sub-contractors are covered by the definition.
In view of the foregoing, the appeal is allowed and the award passed by the Commissioner, Employees Compensation, Agartala is restored.
We are informed that the amount has been deposited with the Commissioner. The said amount along with interest may be released in favour of the appellants within a period of four weeks. Needless to say that the appellants shall be entitled to interest till the date of payment.
The appeal is, accordingly, allowed. Pending application(s), if any, shall stand disposed of.
....................J (L. NAGESWARA RAO) ....................J (B.R. GAVAI) NEW DELHI;
11th April, 2022.
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ITEM NO.27 COURT NO.5 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).11467/2020
(Arising out of impugned final judgment and order dated 01-06-2020 in MFA(EC) No.2/2019 passed by the High Court Of Tripura At Agarthala) KHITISH CHAKRABORTY & ANR. Appellant(s) VERSUS THE CHIEF EXECUTIVE OFFICER & ORS. Respondent(s) Date : 11-04-2022 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE B.R. GAVAI For Petitioner(s) Mr. A Henry,Adv.
Mr. Vivek Kumar Adv Ms. Priyanka,Adv.
Mr. Mohan,Adv.
Mr. Rajiv Mehta, AOR For Respondent(s) Mr. Rituraj Biswas, AOR Mr. Rituraj Choudhary,Adv. Ms. Sujaya Bardhan,Adv. Ms. Nandadevi Deka,Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(B.Parvathi) (Anand Prakash)
Court Master Court Master
(Signed order is placed on the file)