P R RANI Vs. DEPUTY LABOUR COMMISSIONER

JUDGEMENT

(1.) THE appellant is one of the two sisters of one Shaji, who died due to employment injury. A sum of Rs. 23,621/- has been awarded by the 1st respondent, the Deputy Labour Commissioner, Kozhikode, who is the Commissioner under the Workmen's Compensation Act, towards compensation. The amount has been deposited by the employer for being distributed to the dependents of the deceased under Section 8 of the Workmen's Compensation Act. The Commissioner made the distribution in the following terms-Father. . . . Rs. 6,000/-Appellant Rs. 2,000/the younger sister whois arrayed as 4th Respondentin the appeal Rs. 10,000/-

(2.) THE submission made by the counsel for the appellant is that the appellant and the 4th respondent having been placed in equal position, the Commissioner was not justified in ordering a sum of Rs. 10,000/to the 4th respondent, and only a sum of Rs. 2,000/- to the appellant. The reason stated by the Commissioner was that by the time the enquiry was instituted under Section 8 of the Act, the appellant had already got married while the 4th respondent remained without being married.

(3.) WE do not think the Commissioner made the correct approach. According to the provisions contained in the Act the date relevant for the purpose of determining the entitlement to compensation is the date on which the employee died, not the date on which the enquiry was instituted. Section 2 (1) (d) (iii) of the Workmen's Compensation Act defines a dependent as any relative of a deceased workmen. "if wholly or in part dependent on the earnings of the workman at the time of his death: and in items of: Clause (d) thereof, dependents include" a minor brother or an unmarried sister or a widowed sister, if a minor". There could therefore, be no doubt, while deciding the question as to how all would constitute dependents of the deceased and how the compensation amount awarded has to be distributed, the position as was obtaining on the date of the death of the employee is to be taken into account.