The Hindu Business Line : HC ruling on workmen’s compensation law

Chennai, July 17 The Workmen’s Compensation Act, being a social welfare legislation, could not be allowed to be stultified by protracted litigation indulged in by petitioner, who was an employer, the Madurai Bench of the Madras High Court has ruled. The Commissioner of Labour, who was deemed to be a public officer within the meaning of Section 5 of Revenue Recovery Act, 1990, might recover any amount payable by any person under said Act, Mr Justice K. Chandru held.

Petitioner, running a spinning mill, and an employee (Sethu Asari) died due to an accident on 19-5-1999 during course of his employment. A claim application under Workmen’s Compensation Act was made against petitioner, which finally resulted in the Additional Workmen’s Compensation Commissioner ordering a sum of Rs 1,17,410 in favour of legal representatives of deceased.

The Additional Labour Commissioner had requested District Collector, Tuticorin, by order dated 3-8-2004 to recover said sum as arrear of land revenue from petitioner.

Petitioner contended that as Section 31 of Workmen’s Compensation Act,1890 referred to provisions of Revenue Recovery Act, then recovery had to be done in conformity with said Act, and present order was done contrary to Section 5 of Revenue Recovery Act.The Judge held that submissions of petitioner were to avoid statutory payment. He was unnecessarily harassing respondents for past 8 years. Petitioner was unable to state whether any appeal had been preferred against original order of Additional Workmen’s Compensation Commissioner. There was nothing wrong in Commissioner ordering District Collector to recover amount.

The Court directed District Collector to recover the amount within a period of 3 weeks and report compliance. Under these circumstances, writ petition was misconceived, and hence same stood dismissed, except to directions contained as stated above.

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