MEERA RAJENDRA JADHAV Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners, learned Government Pleader for the respondent nos. 1 and 4 and learned counsel appearing for respondent no. 3. The petitioners are claimants in a Claim Petition filed under the Workmen's Compensation Act, 1923 before the Commissioner for Workmen's Compensation at Pune. The Commissioner for Workmen's Compensation at Pune is the learned Judge of the Labour Court at Pune. The petitioners are the legal representatives of deceased Rajendra Nivrutti Jadhav who suffered employment injury and lost his life. By the Judgment and Order dated 30th November, 2010, compensation was ordered to be paid to the petitioners. It appears that the compensation amount was deposited by the Insurer of the employer. In December, 2010, the establishment of the Commissioner for Workmen's Compensation issued four cheques in the sum of Rs. 39,793/-, Rs. 40,000/-, Rs. 39,793/- and Rs. 6,15,000/-. The cheque in the sum of Rs. 6,15,000/- represented the investment to be made as per Clause - 4 of the operative part of the Judgment and Order dated 30th November, 2010. Another cheque in the sum of Rs. 40,000/- was drawn in favour of the first petitioner who is the widow of the deceased. The cheque in the sum of Rs. 39,793/- was drawn in favour of the fifth petitioner who is the father of the deceased. The cheque in the sum of Rs. 39,793/- was drawn in the name of the sixth petitioner who is the mother of the deceased. The said cheques were kept ready on 28th December, 2010 but the petitioners did not collect the said cheques and therefore, the validity of cheques expired. On 20th June, 2011, the fifth and the sixth petitioners made an application before the learned Commissioner for issuing fresh cheques in which it was stated that they were not aware about the whereabouts of the first petitioner. The grievance made in this petition is that even after long lapse of time, fresh cheques/revalidated cheques have not been issued. Therefore, this petition under Article 226 of the Constitution of India was filed by the petitioners seeking a writ of mandamus directing the second and the third respondents (learned Administrative Judge of the Labour Court and the Government Treasury Office) to release the compensation amount along with interest at the rate of 12% p.a. from 20th June, 2011. A direction has been issued for initiating an enquiry into the cause of non-payment of the compensation due and payable to the petitioners. There is another prayer seeking a writ of mandamus which is prayer clause (d) which read thus:-

(2.) On 30th January, 2013, the petition came up before this Court, when this Court called for the Report from the learned Commissioner. This Court directed that fresh cheques or revalidated cheques should be immediately issued. There were several directions issued thereafter by this Court from time to time.

(3.) At this stage, it will be necessary to make a reference to order dated 1st August, 2013, passed by this Court and in particular paragraph 6 thereof. Perhaps on the basis of this direction that the Government issued a Government Resolution dated 12th September, 2013, by which the Administrators of PLA Accounts were permitted to operate PLA Accounts by opening accounts with the State Bank of India/State Bank of Hyderabad. The said Government Resolution permitted even the Commissioner under the Workmen's Compensation Act, 1923 to open PLA Account with the State Bank of India. Today, the learned Government Pleader has tendered on record Government decision dated 17th October, 2013 by which the earlier method of operating PLA Accounts with the Government Treasury Office, was ordered to be continued. The learned Government Pleader stated that as the actual working of the said Government Resolution dated 12th September, 2013 created several difficulties, the same was withdrawn and the Government is considering of issuing a fresh Resolution.