S.SANTHA Vs. LABOUR OFFICER

JUDGEMENT

(1.) The petitioner has come forward to challenge an order dated 11. 08. 2012, wherein, she was informed that her husband R. Sekar was a construction worker, who died due to van accident outside the work spot on his way from return to home and hence, she cannot be granted compensation.

(2.) The case of the petitioner is that her husband while going for construction work on 22. 04. 2010 in his friend's two wheeler was hit by a Van bearing Registration No. TN 20 AU 5113 which came in opposite direction in a rash and negligent manner and he died on the spot. Hence, the petitioner filed a claim petition before the respondent under Clause 11 (2)(a) of the Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994 for sanction of Rs. 1,00,000/- on 04. 06. 2010. The respondent belatedly rejected the claim of the petitioner by stating that the said accident did not happen during the course of the employment and therefore, the claim petition under Clause 11(5) of the Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994 is not maintainable. Challenging the same, the Writ petition came to be filed.

(3.) The respondent has not filed any counter. The learned Government Advocate would contend that the Group Personal Accident Insurance Scheme covers the workers under the Tamil Nadu Construction Workers Welfare Scheme, 1994. It only covers the accident arising out of and in the course of employment. The petitioner's husband met with an accident on his way to work and not entitled for a claim.