A. BALAN Vs. DISTRICT COLLECTOR, DINDIGUL DISTRICT

JUDGEMENT

(1.) The Writ Petition in W.P.(MD)No.11813 of 2016 has been filed by the father of the deceased B.Thangamurugan, seeking issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to take appropriate action to award compensation and all other benefits etc., to his family for the sudden demise of his son namely B.Thangamurugan by considering the petitioner's representation dated 12.04.2016 within the stipulated time.

(2.) The Writ Petition in W.P.(MD)No.16864 of 2019 has been filed by the Team Lease Services Limited, seeking issuance of a Writ of Mandamus, directing the first respondent to receive the compensation amount of Rs.13,48,223/-, payable by the petitioner to the legal heirs of the deceased employee and dispose of the same to the appropriate legal heirs, after due verification, in terms of the Employees Compensation Act, 1923.

(3.) The learned Counsel appearing for the petitioner in W.P.(MD)No. 16864 of 2019 would submit that the petitioner is in the business of providing various outsourcing services to various clients across the country. The son of second and third respondents by name B.Thangamurugan was working nearly for two years under the petitioner as a Site Engineer in a Hydro Power Station. While so, on 25.12.2014, he died due to electrical shock. Immediately, in order to meet the funeral expenses, the petitioner paid a sum of Rs.3,00,000/- (Rupees three lakhs only) by two cheques each in the name of the second and third respondent herein and a sum of Rs.75,000/- in cash. Since the petitioner is liable to pay compensation under the Employees Compensation Act, 1923, immediately, the petitioner by communication dated 30.12.2014 informed about the accident and death to the first respondent. Pursuant to the same, vide communication dated 24.02.2015, the first respondent had sought certain details from the petitioner with regard to the accident. After receiving the particulars from the petitioner, the first respondent called on the petitioner and the respondents 2 and 3 for an enquiry and a sum of Rs.8,73,880/- was arrived at as compensation and a sum of Rs.4,74,344/- towards interest at the rate of 12% upto the period of 31.07.2019. However, on some misconception and erroneous notion, the second and third respondent, who are the legal heirs of the deceased, had refused to receive the compensation by stating that they have filed a writ petition and hence, the first respondent closed the proceedings No.A/3/6419/2018, dated May, 2019. However, in order to comply with the statutory liability, the petitioner prepared a cheque for a sum of Rs.8,73,880/- vide Cheque No.988252, dated 17.04.2019 and sought to deposit with the first respondent but the first respondent had refused to receive the amount. Therefore, the petitioner has come forward with the present Writ Petition in W.P.(MD) No.16864 of 2019 seeking a direction to the first respondent to receive the compensation amount of Rs.13,48,223/-, payable by the petitioner to the legal heirs of the deceased employee and dispose of the same to the appropriate legal heirs, after due verification, in terms of the Employees Compensation Act, 1923.