RAM KALI Vs. PANKAJ SHARMA

JUDGEMENT

(1.) This is yet another case in a long series of a catena of cases where this Court, time and again is confronted with situations where persons donning the mantle of quasi-judicial or judicial authorities under various statutes, such as Criminal Procedure Code, the Payment of Wages Act, the Gratuity Act and Workmen's Compensation Act etc., etc., pass judgment and orders which are not wholly and truly in keeping with the specific- provisions of the law with which they any dealing. In passing these orders, these officer also betray their total ignorance about the common law principles as well as their disregard to the principles of natural justice On a few occasions in the past this Court unfortunately had to adversely comment upon the very poor quality of judgments and order passed by these Officers. It had been noticed in the past by this Court that sometimes these cases related to the violation of civil liberties and human rights of the citizens. Time and again, this Court found that either in matters arising out of Workmen's Compensation Act or in matters arising out of Criminal Procedure Code, the Officers exercising jurisdictions vesting in them either did not have a proper comprehension of the principles of law applicable to the cases being dealt with by them or by disregarded specific legal provisions, in the process not bothering to apply these principles appropriately and correctly to the facts of the cases.

(2.) It is high time, therefore, that a mechanism is evolved by the State Government where by these Officers are imparted appropriate training, befitting their stature and commensurate with their rank so that, patent and latent errors and mistakes do not occur, leading the helpless victims avoidably to superior Courts for rectifying the errors and mistakes. The present case is glaring example of the aforesaid. The facts in brief first.

(3.) The petitioners Ram Kali and Dal Bahadur are the mother and father of deceased Sher Singh, who was an employee of respondent No.l Pankaj Sharma. He at the relevant time was working as a Cleaner in truck No, HP-14-7-129, which was owned at the relevant time by respondent No.l Pankaj Sharma. On lst January, 2005 this truck met with an accident at Panipat in the State of Haryana. As result of this accident, all the persons including Sher Singh, travelling in this truck died. Sher Singh was the unmarried son of the petitioner-claimants.