CHIEF SECURITY COMMISSIONER Vs. SHRISTA DEVI

JUDGEMENT

(1.) ADMITTEDLY Ajay Bahadur Singh, husband of respondent was employed as Railway Protection Force Constable under the Eastern Railway at Dhanbad.

(2.) IN course of his duty on 23.8.1987 he met an accident and was severely injured and ultimately died on the next day i.e. on 24.8.1987. He was aged about 32 years at the time of accident and his monthly salary was Rs. 920/-.

(3.) APPELLANTS herein had raised the question of maintainability of the proceeding under the said Act. It was contended that after amendment in Section 3(1) of the Railway Protection Force Act, 1957, by amending Act No. 60 of 1985, the deceased constable, who was a member of "Force" became a member of "Armed Force of the Union". Section 2(n)(ii) of the Workmen's Compensation Act, 1923, debars a person to be treated as a workman, who is working in the capacity of a member of the Armed Forces of the Union.