NALINI RANJAN GUHA Vs. ANNADA SHANKAR ROY

JUDGEMENT

(1.) This is an application under Clauses 4 and 21 of the Charter for a Writ in the nature of Certiorari for quashing of orders dated the 17th of February 1949 and 1st of March 1949 made by the respondent under the Workmen's Compensation Act.

(2.) The petitioner at all material times was a Contractor of the Central Public Works Department in connection with the construction and maintenance of Aerodromes at different parts of India. In course of such employment as Contractor the petitioner was entrusted with some work in the Barrackpore Aerodrome in May 1942. For the purpose of such work the petitioner employed labourers at the Military Aerodrome at Barrack-pore. On or about the 11th June, 1944, the petitioner's gang was working in the Aerodrome at some distance away from the edge of the runway. Three of the labourers named Punia, Jinnat and Suphal Sha were killed as a result of impact with United States Army Air Force supply plane which was about to take off from the said aerodrome for supply operations. The said aeroplane belonging to the U. S. Army was employed for the benefit of His Majesty and Allied Powers in connection with the furtherance of the War. It is stated in the petition that for the said fatal injuries to the said three labourers the petitioner was in no way responsible. The said Plane was being piloted by American Army Air Force pilot and one of the engines having suddenly stopped, the plane took an abrupt turn and shot out of the runway and the said three labourers sustained fatal injuries as a result of the impact with the said plane. Certain departmental enquiries were made by the Executive Engineer, Superintending Engineer and the Sub-Divisional Officer in charge of the aerodrome but no dependants of the deceased could be traced.

(3.) On the 13th of June 1944 a fatal accident report was sent to the Commissioner of Workmen's Compensation. It was pointed out in that report that the injuries were due to direct dashing of the aeroplane while taking off and the dead bodies were taken away by R.A.F., Ambulance, Barrackpore,, On or about the 12th October, 1944, a Police report was forwarded by the S.D.O., to the Executive Engineer which stated that dependants of the deceased could not be traced. Thereafter some departmental correspondence passed between the Workmen's Compensation Commissioner and the Central Public Works Department in which it was pointed out to the Commissioner that the deaths of the three coolies were caused by a big U.S. Air Force Plane which was passing through the centre of the runway before taking off when the aircraft suddenly shifted its course with a terrific speed and dashed against the three labourers who were working at a distance of about 100 ft. from the edge of the runway and killed them instantaneously and thereafter certain Military officers arrived on the spot and arranged for the removal of the dead' bodies by an Ambulance car and the Commissioner was asked to give his decision upon those facts-stated. In a letter dated the 8th of July, 1946, the Executive Engineer, Calcutta Aviation Division specifically sought the decision of the Commissioner on the point as to whether the cases could be regulated by the provisions of the War Injuries Ordinance 1941. There appears to be an endorsement on the back of this letter dated the 11th of July 1946 which shows that the Commissioner was of the opinion that there was nothing on record from which it could be inferred that the aircraft belonged to or was held by any person on behalf of or by His Majesty or any Allied Power. The then Commissioner took the view that the Workmen's Compensation Act applied to the accident cases. In or about March 1948 a sum of Rs. 2,700/- was withheld by the Central Public Works Department from out of the sum of Rs. 6,000/- which was settled in respect of. the bills of the petitioner, for work done in the airfield, and the said sum of Rs. 2,700/- was sent to the Workmen's Compensation Commissioner with a covering letter intimating that the said sum of Rs. 2,700/- was the money due and payable to the petitioner and was being deposited for the Compensation cases. The petitioner made demands for return of the deposit between May 1948 and November 1948. On or about the 26th November 1948, Mr. S. Haider, the then Commissioner ordered refund of the deposit but the office returned only the file in respect of one accident case but did not return the files of the other two cases. It is alleged that some time in December 1948 some dependants of the two persons whose files have been kept in the office were procured and the Commissioner by two orders made subsequently on the 17th February 1949 and 1st of March 1949 directed payment of certain sums to the alleged dependants of the two deceased persons.