MASILAMANI Vs. DEPUTY COMMISSIONER OF LABOUR I

JUDGEMENT

(1.) IN the present writ petition, the petitioners have prayed for a declaration that Section 4-A (3) of the Workmens Compensation Act, 1923 (hereinafter referred to as the Act) is ultra vires against public interest and offends Article 19 (1) (g) of the Constitution of India and the order dated 3. 7. 1996 passed by the Deputy Commissioner of Labour-I (Respondent No. 1) pursuant to the aforesaid Act is illegal, void and unenforceable.

(2.) THE facts in brief are as follows:-Respondent No. 2 herein had filed W. C. No. 83 of 1995 before the Respondent No. 1 claiming compensation for the death of her husband alleging that the latter had died in an accident arising out of and in course of his employment under the petitioners on 24. 4. 1993. The first respondent under the impugned order, allowed the claim and directed:. . . to remit the amount of Rs. 65,541/- (Rupees sixty five thousand five hundred and forty one only) within 30 days from the date of receipt of the order by way of Demand Draft in favour of the Deputy Commissioner of Labour-I, Madras 6, failing which 50% penalty and 6% interest from the date of accident on the amount of Rs. 65,541/- would be ordered to be recovered.

(3.) IN the present writ petition, the validity of the provisions contained in Section 4-A (3) of the Workmens Compensation Act, 1923 has been challenged. Since there was no appearance on behalf of Respondent No. 2, Thiru P. V. S. Giridhar was appointed as Amicus Curiae.