STATE OF MAHARASHTRA Vs. LEARNED JUDGE,LABOUR COURT

JUDGEMENT

(1.) This is the reference by the learned Single Judge (Shri A.S. Chandurkar, J.) of the following question of law for consideration by the Larger Bench.

(2.) The factual position, as is narrated in the order of reference, can be reiterated. One Ganesh Kakar, the husband of the respondent No.2, was employed with the Social Forestry Division, Buldhana. He was engaged for doing the work of planting trees, digging pits, watering plants, etc., at Taluka Motala and was paid wages at the rate of Rs.127/- per day. On 20-12-2011, the said Ganesh met with an accident during the course of employment when the tractor in which he was travelling, fell in a pit and overturned. Ganesh succumbed to the injuries sustained in the accident.

(3.) The respondent Nos.2 to 5 are the claimants, who filed the proceedings for grant of compensation under Section 22 of the Workmen's Compensation Act, 1923 [for short, "the Act of 1923"]. In the reply filed by the appellate- State Government, it was the stand taken that the deceased Ganesh was employed as a Labour by the Social Forestry Department under the Mahatma Gandhi Rural Employment Scheme. It was stated that the family of the deceased was paid Rs.50,000/- as ex gratia amount on 17-5-2012 as per the provision of Section 7(2)(xiv) of the Maharashtra Employment Guarantee Act, 1977 [for short, "the Act of 1977"] and, therefore, the application for compensation was not maintainable.