SUKHRAM Vs. NCT OF DELHI & ORS

JUDGEMENT

(1.) The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India for issuance of a writ in the nature of Mandamus or any other writ to set up a proper mechanism for speedy and timely recovery of the Award passed by the Commissioner under the Employee's Compensation Act, 1923 and also for a direction to respondent no.2/SDM, Punjabi Bagh, New Delhi to recover the amount awarded vide order dated 07.04.2016 by the Commissioner.

(2.) On 11.05.2011, the son of the petitioner namely Mr.Krishna Kumar Saroj, who was employed with the respondent no. 4 M/s.Sameer Enterprises as a cleaner on the Oil Tanker, had died during the course of the employment. On 07.04.2016, the Commissioner Employee's Compensation/the Assistant Labour Commissioner, Labour Department, Government of NCT of Delhi, after hearing the parties awarded a compensation of Rs.6,54,562/- with interest @ 12% per annum from 07.06.2011 till its realization against the M/s. Sameer Enterprises in favour of the dependents of the deceased. M/s.Sameer Enterprises was directed to deposit the awarded amount by pay order in favour of Commissioner Employee's Compensation VIII within a period of 30 days for disbursement to the claimants.

(3.) Learned counsel for the petitioner submits that the petitioner, who is the father of the deceased, is a senior citizen and aged about 80 years and he had approached the Assistant Labour Commissioner/Commissioner Employee's Compensation, Pushpa Bhawan, Pushp Vihar, New Delhi-110062 several times but nothing could be materialized and SDM office is not entertaining the petitioner to get the Award implemented. He submits that some proper mechanism should be setup to get the award issued under Employee's Compensation Act executed.