DISTRICT MANAGER Vs. MURUGALAKSHMI

JUDGEMENT

(1.) THE appellant/respondent has preferred the present appeal in C.M.A.(MD).No.1267 of 2012, against the judgment and decree passed in W.C.No.248 of 2007, on the file of the Deputy Commissioner of Labour for Workmen's Compensation, Dindigul.

(2.) THE applicants, who are the wife, minor son and parents of the (deceased) K.Selvaraj, have filed the claim in W.C.No.248 of 2007, claiming compensation of a sum of Rs.2,82,809.40/- from the opposite party for the death of the said Selvaraj in an accident arising out of and in the course of doing his duty under the employment of the opposite party. It was submitted that the (deceased) Selvaraj was employed in TASMAC, which was in the control of the opposite party and that he was working as a Salesman in Shop No.3153, situated at old convent Road, Kodaikanal from 13.12.2003 and earning a sum of Rs.2,000/- per month. On 02.02.2007, when he was doing his duty as a Salesman in the said shop, he was ordered by the opposite party to stay in the shop in the night as the liquor bottles being supplied to the shop would be delivered late night and that he should carry out the unloading of such liquor bottles after it was delivered. As instructed, the (deceased) Selvaraj had slept in the shop on that day and that due to a sudden fire engulfing the shop at night hours, he had been burnt and died in the accident. At the time of accident, the (deceased) was aged 24 years and was earning a sum of Rs.2,000/- per month which was much below the minimum wages of Rs.2,589/- fixed by the Government for this class of employees. Hence, the applicants have filed the claim against the opposite party.

(3.) 04.2007 and that the family pension benefits had been paid by the E.P.F Office regularly to the applicants right from the time of of the death of the deceased on 03.02.2007. It was submitted that as the (deceased) Selvaraj was hired on a purely part time/temporary and on contract basis and that even as per the appointment order issued to the (deceased) Selvaraj, he was not eligible to get any compensation as per the Workmen's Compensation Act and rules. It was submitted that the said firm was a Corporation Unit has to abide by the instructions laid down by the State Government and that the (deceased) Selvaraj was appointed as salesman on 13.12.2003, as per the act and rules enacted by the Government in its proceeding No.1800/A/2003 and that he was paid Rs.2,400/- per month. It was also submitted that the Salesman appointed in these shops are not entitled to get any promotion and that they cannot be made permanent employees and that they cannot claim any rights and that this had been made clear in the terms and rules contained in their order of appointment. It was also submitted that on 02.02.2007, after the (deceased) Selvaraj had completed his work, he had stayed in the shop, unauthorisedly and that the accident had not occurred during the period which the (deceased) was doing his duty but had occurred only because the negligence of the (deceased) Selvaraj who had not closed the shop after doing his work and that as he had closed the shop inside, he was not able to get out when the fire engulfed the shop. It was submitted that as the (deceased) Selvaraj was not employed as a "worker" as per the Workmen's Compensation Act and rules and he had been employed by the State Government, as per the act and rules framed by Government for sales of liquor, or his legal representatives cannot claim any compensation as per the Workmen's Compensation Act. 4. On the applicant's side, the 1st applicant Tmt.Murugalakshmi, was examined as PW.1 and ten documents were marked as Exs.P1 to P10 namely: Ex.P1- copy of appointment order; Ex.P2-transfer certificate; Ex.P3-death certificate; Ex.P4-F.I.R; Ex.P5-legal heir certificate; Ex.P6-post mortem report; Ex.P7-copy of family ration card; Ex.P8-letter sent to opposite party; Ex.P9-acknowledgment card; Ex.P10-copy of G.O.No.2(D)5, dated 22.02.2005. On the opposite party's side, one Balakrishnan was examined as RW.1 and one Ravichandran, Salesman was examined as RW.2 and six documents were marked as Exs.R1 to R6 namely: Ex.R1-copy of rules and regulations framed for employee; Ex.R2-order copy to pay family relief fund and acknowledgment card showing receipt of order by the 1st applicant; Ex.R3- recommendation made by opposite party to Insurance Company to pay the Joint Insurance Policy amount to applicants; Ex.R4-documentary showing insurance policy taken in the name of Selvaraj; Ex.R5-copy of statement of account of (deceased) Selvaraj showing future provident fund to be paid to him; Ex.R6-copy of certificate showing family pension fund payable to the applicants.