STATE OF U P THROUGH DISTRICT Vs. COMMISSIONER

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 15.12.2009, passed by the Assistant Labour Commissioner, U.P., Unnao in Workmen Compensation Case No. 12 of 2007, by which an amount of Rs.1,63,711/ - together with 12 per cent interest from the date of accident has been awarded as compensation against U.P. State, which shall be payable within 30 days from the date of the order.

(2.) BRIEF facts of the case are that one Vinod Kumar was employed as workman by the appellants in Mahatma Gandhi National Rural Employment Guarantee Scheme for construction of road at the rate of Rs.58/ -per day, as labour charges. On 1.1.2007, he suffered fatal injuries during the course of employment and, died on 5.1.2007 in Ursala Hospital, Kanpur. His widow, who is respondent no.2 in this appeal, moved an application for compensation, upon which the case was initiated and the compensation was awarded, against which this appeal has been preferred.

(3.) HEARD learned counsel appearing on behalf of the parties and have gone through the records. The only point, as argued by learned Standing counsel, was that Rs.25,000/ -compensation has been paid to the respondent no.2 and the deceased was not "workman" within the meaning, as provided in Workmen's Compensation Act, 1923, (here -in -after referred to as '1923 Act, as Act No.42 of 2005 of The National Rural Employment Guarantee Act, 2005, is a complete Act in itself, in which mode of compensation has already been provided. It was also argued that under Section 28 of Act No.42 of 2005, the provisions of Act have an overriding effect over all other Acts and, as such, compensation under '1923 Act', cannot be awarded. Under Section 2 (1) (n) of the '1923 Act', "workman" has been defined as, "workman" means any person other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business. In this definition "workman" includes any person employed in any such capacity as is specified in Schedule II of '1923 Act'. Under Schedule II of Section 2(1) (n) of the '1923 Act', the deceased was employed as a workman. As far as Section 28 of Act No.42 of 2005 is concerned, it reads as under: -