NANIBEN BECHARBHAI Vs. H K DAVE PRIVATE LIMITED

JUDGEMENT

(1.) What indeed is the right, nay more than that the privilege of the workmen, regarding, "speedy justice" under the Workmen's Compensation Act, 1923 and/or under any other Labour Laws and for that purpose even further indeed what are the corresponding duties, firstly, enjoined upon the Workmen Commissioner and/or any other Labour Courts and for that purpose, in case if there is any insufficiency of number of Judges and Courts then in that case, that of, secondly, the duty of the Government also in this regard, under Art. 21 of the Constitution of India to provide as many number of adequate Courts and Judges for speeding up the proceedings before the Courts. This precisely is principal thrust and theme of the discussion and ultimate finding to the questions raised here centering around this Civil Revision Application.

(2.) To state few relevant facts briefly, applicant Naniben, a poor illiterate lady, aged 55 years, filed the compensation application, the same being W.C. Application No. 14 of 1985 before the Workmen's Compensation Commissioner, Bhavnagar against two respondents, viz., H. K. Dave Private Limited, Bhavnagar and M/s. Harlalka M.C. and Co., Calcutta, inter alia claiming compensation to the tune of Rs. 55,000.00 on the ground of death of her son Rajesh who got electrocuted during the course of his employment with the Company. After the institution of this proceedings, the applicant was further constrained to submit an application Ex. 44 dated 1-10-1990 for joining Messrs. India Potash Limited as defendant No. 3 over and above the opponent Nos. 1 and 2, as it was also in the alternative jointly and severally liable to pay compensation. This was rejected by the learned Commissioner vide his order dated 17-12-1990 and that too imposing the cost on the applicant, giving rise to the present Revision Application.

(3.) Heard learned Advocates appearing for the respective parties.