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2002 DIGILAW 21 (JK)

Post Master General v. Kaushaliya Devi

2002-02-22

S.K.GUPTA

body2002
1. This is an appeal directed against the order dated: 31-03-2001 pronounced by the Commissioner Workmens Compensation Act, whereby he has awarded an amount of Rs. 27,670/- as compensation and imposed costs of Rs. 1,OOO/- in favour of the deceased workman, Krishan Chand, under the Workmens Compensation Act. 1923 (hereinafter Act for short). 2. It is not in dispute that the respondents husband, late Krishan Chand, was employed as Branch Postmaster, Roat, and served the department from 6.5.1953 to 9-1-1989. He was employed on a monthly allowance of Rs.433/- and this was his considered pay at the time of his death. Krishan Chand expired on 9.1.1989 due lo heart attack. Thereafter, respondent moved an application to the Commissioner for grant of compensation. The claim of the dependent of the deceased was contested by the appellants, non-applicants, in their demurrer filed on 10-7-1989 on the ground that the deceased was not covered under the Workmans Compensation Act. as per departmental Rules and, thus, not entitled to compensation. It was further staed that the deceased got heart attack while he was offthe duty and. thus, deceased did not receive any injury during the course of his duty. 3. During inquiry, the statement of Abdul Rehman and of the claimant was recorded by the Commissioner. Budhi Singh, one of the witnesses, was also examined by the appellants, non-applicants, in rebuttal. The stand of the appellants, non-applicants, before the Commissioner was that the deceased was an Extra-Departmental Employee and was strictly governed under the P&TEDAs (Conduct and Service) Rules, 1964 and, therefore, Workmans Compensation Act is not applicable to him. In the light of the relevant material brought on record during inquiry, the claim of the dependent of (he deceased was upheld by the Commissioner and granted compensation under the Act by his impugned order. 4. The main plank of the appellants contention in assailing the correctness of the order passed by the Commissioner, Workmens Compensation Act, is that the deceased did not fall within the definition of "workman" as defined in the Postal Manual and, thus, not entilled to compensation. Rule 150 of the Postal Manual reads as under: "150. 4. The main plank of the appellants contention in assailing the correctness of the order passed by the Commissioner, Workmens Compensation Act, is that the deceased did not fall within the definition of "workman" as defined in the Postal Manual and, thus, not entilled to compensation. Rule 150 of the Postal Manual reads as under: "150. The principal classes of employees in the Posts and Telegraphs Department who are included within the definition of "workman" in clause (n) of sub-section (1) of section 2 of the Workmens Compensation Act 1923 read with Schedule II thereto are the following, provided that they are employed on monthly wages not exceeding five hundred rupees:- Class of employee Relevant classes in Schedule II. Lorry driver................... Clause (i) Assistant foreman, examiner, yard foreman and officials employed in manufacturing process in the Telegraph Workshops, Alipore. Clause (ii) Packing foreman, packing, supervisor, packer, carpenter, label writer. Clause (iii) Lascar, Sardar, lister driver Clause (iii) or (vii) Despatch Assistant (loader), boy lascar, crane driver with assistant, manjee and dandee, marker, weighman Clause (vii) Inspector and sub-inspector of Telephone, lascar, wireless, mast lascar, electrical mechanic electric mazdoors, oiler clearner Clause (ix) Cable jointer, assistant cable jointer Clause (ix) or (xvi) Engine driver Clause (ix) or (xix) Engineering Supervisor Clause (ix) or (xii) or (xv) or (xix) Line Inspector and sub-inspector of Telegraphs, Trollyman, phone inspector. Clause (xii) Inspector of Post offices, Town Inspector (Postal), Inspector of R.M.S., Inspector of peons, orderly peons to the Inspector of Railway Mail Service, head postman, postman, village postman, letter officials working in Mobile Post Offices, box peon, mail peon, line overseer, runner, ghat porter, mail guard, R.M.S. sorter, R.M.S. poster, van peon, mail overseer boatman, telegraph messenger, taskwork messenger, telegraph peon, delivery peon, bicycle peon, Extra-Departmental mail carrier, Extra-Departmental messenger, Extra-Departmental Delivery Agent, Extra-Departmental Porter, Extra-Departmental Mail Peon and Extra-Departmental Letter Box Peon, mazdoor or daily wages, line rider, bhatis, cable guard, motor driver, mail clerks whose duty is to escort mails in mail lorries and despatch riders. Clause (xiii) 5. A plenary reading of the aforesaid provisions makes it abundantly clear that the case of the deceased workman is fully covered under section 2(1)(n) read with Schedule-II. Contention raised by the appellants counsel, therefore, is legally unfounded and does not merit acceptance. 6. It is admitted by the appellants that deceased. Clause (xiii) 5. A plenary reading of the aforesaid provisions makes it abundantly clear that the case of the deceased workman is fully covered under section 2(1)(n) read with Schedule-II. Contention raised by the appellants counsel, therefore, is legally unfounded and does not merit acceptance. 6. It is admitted by the appellants that deceased. Krishan Chand was appointed by the Department as Extra-Departmental employee on the monthly wages of Rs.433/-. It is further stated that the brother of the deceased has been employed in the Department in place of the deceased and an amount of Rs.3.000/- has been paid to the deceaseds dependent by way of financial aid in addition thereto. 7. It is pertinent to point out that the Workmens Compensation Act, 1923 is a piece of social security legislation and it is generally accepted that the various provisions of the Act ought to receive a liberal interpretation. Since the Act is a welfare legislation, made for the interest of the poor workmen, even if any particular provision of the Act is capable of two interpretations, that which is more favourable to the person for whose benefit the legislation has been made, should be adopted. Therefore, the doubt, which the appellants have insisted to bring in the mind of the court with regard to the applicability of the Act and in view of Rule 150 of Postal Manual, must be resolved in favour of the workman, in preference to the employer. Such liberal interpretation would accomplish the humane and welfare purposes of this legislation, the provisions of which are truly responsive to the social-economic needs recognized by our society and also by the Constitution. The rights of workmen deserve to be treated generously while applying the statutory provisions. Undisputedly, the deceased workman has died due to heart failure. As is given in the evidence during inquiry, the deceased had died while returning from his duty. The heart failure, undoubtedly, is due to strain out of work and fatigue in doing the work and the proper and inescapable inference to draw would be that he died with accident out of and in course of his employment. 8. An incident which is unforeseen is an accident both meaning the same in its contour and context, and be construed in its proper sense in a given situation. 8. An incident which is unforeseen is an accident both meaning the same in its contour and context, and be construed in its proper sense in a given situation. What the Workmens Compensation Act intends to convey is, what right a workman expressed in an accidental injury. If is settled law that the term accident means some unexpected and unforeseen event or unlocked for mischief. If the injury or death from the point of view of the workman, who suffers or dies, is unexpected or undesigned on his part, then that injury would be by an accident, although it may be brought about by heart attack or some other cause to be found, is the condition of the workman. 9. In my view, the impugned order formulated by the Commissioner. Workmens Compensation Act. does not suffer from any legal infirmity or factual frailly inviting inference in appeal. 10. In the result, the appeal is dismissed and the compensation awarded and the cost imposed by the Commissioner, Workmens Compensation Act. is upheld. Appeal stands disposed of accordingly. Record shall be remitted back to the court of Assistant labour Commissioner, Doda.