DUNDAPPA MAHADEVAPPA BIDARANNAVAR Vs. NAGAPPA N JANNANAVAR

JUDGEMENT

(1.) SUBSTANTIAL questions of law: 1. Whether the mother of the deceased if not a widow is not a dependent in law and not entitled to compensation? ii. Whether the WC Commissioner committed error in assessing the wages of the deceased at a lower rate at Rs. 2,135/- per month on the basis of minimum wages which is perversely contrary to the evidence on record?

(2.) THE provisions of Section 2 (d) of the Workmen's Compensation Act are extracted hereunder for convenient reference. (d) "dependent" means any of the following relatives of a deceased workman, namely:- (i) a widow, a minor (legitimate or adopted) son, an unmarried (legitimate or adopted) daughter, or a widowed mother; and (ii) if wholly depending on the earnings of the workman at the time of his death, a son or a daughter who has attained the age of 18 years and who is infirm; (hi) if wholly or in part dependent on the earnings of the workman at the time of his death- (a) a widower, (b) a parent other than a widowed mother; (c) a minor illegitimate son, an unmarried illegitimate daughter or a daughter (legitimate or illegitimate or adopted) if married and a minor or if widowed and a minor. (d) A minor brother or an unmarried sister or a widowed sister if a minor, (e) A widowed daughter-in-law, (f) A minor child of a pre-deceased son, (g) A minor child of a pre-deceased daughter where no parent of the child is alive, or (h) A paternal grandparent if no parent of the workman is alive); explanation.-For the purposes of sub-clause (ii) and items (f) and (g) of sub-clause (iii), references to a son, daughter or child include an adopted son, daughter or child respectively); provisions of Section 2 (d) appear to be totally archaic and not in tune with the modern mind of the society.

(3.) THE illegitimate minor children are not kept on par with the legitimate or adopted children. A legitimate or adopted minor children are defined as first category dependents. The minor illegitimate children are entitled to seek compensation only when they prove that they are wholly or in part dependent on the earnings of the deceased workman. The illegitimate children under the personal law have right to inherit the estate of their parents. The discriminatory treatment meted to illegitimate children under the W. C. Act is patently discriminatory and does not stand test of article 14. The anomaly needs expeditious legislative action to amend the definition.