THILAGAVATHI Vs. THE DEPUTY COMMISSIONER, COMMISSIONER OF LABOUR

JUDGEMENT

(1.) This petition has been filed, seeking to quash the impugned order of the 1st respondent dated 09.12.2015 passed in Aa4/6017/14, by which, departmental enquiry has been conducted and the amount of Rs.5,75,720.00 due to the deceased employee has been disbursed in proportion to his dependents, namely, wife of the deceased, mother of the deceased and father of the deceased, excluding his children, who attained majority. Challenging the said order, the petitioner is before this Court and the petitioner also sought a direction to the respondent to pay the entire compensation to her and her children.

(2.) The case of the petitioner is that she is the wife of one Subramaniyan, who, while working as Machine Operator at Sakthi Sugar Mills at Sivagangai, suffered a grave injury and subsequently, died on account of the same, which happened in the course of employment; that based on the claim petition filed by the petitioner under Sec. 22 of the Workmen Compensation Act, (hereinafter referred to as "the Act"), an Award of Rs. 5,75,720.00 has been passed by the Tribunal and the said Award has also become final; that based on the report of the Enquiry Officer appointed by the Deputy Commissioner of Labour, Madurai to ascertain the real dependents of the deceased employee, children of the deceased have been excluded from the array of dependents and the father and mother of the deceased were included as dependants of the deceased Subramaniyan. Aggrieved by the same the petitioner has approached this Court with the relief stated supra.

(3.) Learned counsel for the petitioner would submit that as the Act contemplates that dependant means widow, a minor (legitimate or adopted) son, an unmarried (legitimate or adopted) daughter or a widowed mother, who are alone eligible to receive the compensation and as the mother of the deceased employee is not a widow, the question of granting compensation to the parents does not arise at all.