before commissioner under employees …
TRANSCRIPT
BEFORE COMMISSIONER UNDER EMPLOYEES COMPENSATION ACT 1923
LABOUR DEPARTMENT, GNCT OF DELHI, SOUTH WEST DISTRICT DTC COLONY, PRATAP NAGAR, HARi NAGAR, NEW DELHI-64
No. EC(D)-01/SWD/2021\1s -\~
In the matter of:
~al I<ishore deceased workman Through his Dependents/Legal heirs
Versus
M/s Janhavi Creations, B-125, 3rd Floor, LHS Mayapuri Industrial Area, Phase-I, New Delhi
/'? Also at :-. ..,_\ic-ri Co,
..,/-;:_- ~ :,. j Kumar Khanna S/o Late Sh. Ramesh Chand Khanna
Speed Post
... ....... Claimant
<-... ,. R/9·-:-~ Z-106/126, Rajouri Garden, New Delhi '~ .. ... ........ Respondent
~~p ;, cC·
ORDER 4 <"rT!icC. ·
1. Whereas, intimation has been received through FIR No. 0587 dated 26.12.2020
registered in PS Mayapuri also through Assistant Director (!SH) vide letter dated
29.12.2020 and newspaper clip i.e. Times of India dated 27.12.2020. Assistant
Director (ISi-i) has reported that workman Sh. Yuga! Kishore has died due to fire
accident on 26.12.2020 at B-125, 3rd Floor, LHS, Mayapuri, Industrial Area during
and out of his employment under the respondent and informed that the
unit/establishment of respondent was not covered under ESIC Act, l 9'1-8 hence,
necessary action may be initiated under the Employees Compensation Act, 1923.
2. Accordingly, summon dated 01.01.2021 was served Dasti through Area Labour
Inspector to the respondent with direction to appear and file relevant records
pertaining to the deceased workman alongwith copy of nomination form i/r/o
deceased workman Sh. Yuga! Kishore. Sh. Raj Kumar Khanna Prop. Of M/s Janhavi
Creations, appeared on 04.01.2021 at 11:00 A.M. and got his statement recorded
before the undersigned. Sh. Raj Kumar Khanna stated that on 26.12.2020 at about
04-:00 A.M. he received a phone call from owner of Tea-Stall, near his factory,
informing him that Sh. Yuga! Kishore is not picking up phone calls as fire has
broken out in his factory at B-125, 3rd Floor, LHS, Mayapuri, Industrial Area, Phase
!.
3. On receipt of phone call immediately he reached to the factory and saw that Fire
brigade and Delhi police staff were gathered there and were trying to control the
Fire. He has further stated that at about 05:30 A.M. Delhi Police took out Sh. Yuga!
~ Kishore from the factory and immediately he was taken to Deen Dayal Upadhyay
~ - - ' spital by ambulance and thereafter he also reached to the hospital. Sh. Raj / (.',.,
,. \ .··. Ku} ar Khanna stated that after reaching the hospital he came to know that Yugal ' ~ ..
(· >- Kis ore was already declared dead by the doctors. He also stated that Sh. Yugal .. >" ,;,, . .-;; ·,-· . ~ ~ shore was working with him as cutter man since his establishment is engaged to
make masks as he receives orders time to time for the same from KVIC
Department. He further stated that Yuga! Kishore used to stay in the factory
premise in one room. Sh. Yuga! Kishore was working as part time worker and
accordingly he was paid. He also stated that FIR vide no. 0587 dated 26.12.2020
has been registered against him in P.S. Mayapuri and he is presently on bail. Sh. Raj
Kumar Khanna also stated that there was no nomination form filled up by Yugal
Kishorc as he was working as part time worker. He has also stated that his
establishment M/s Janhavi Creations , 8-125, 3 rd Floor, LHS, Mayapuri, Industrial
Area, Phase-I, Delhi is not registered under ESIC Act, 1948. Hence, Sh. Yuga!
l<ishore was not registered under ESIC as beneficiary. Sh. Raj Kumar Khanna also
stated that Sh. Yuga I Kishore was aged between 45 to 50. He paid Rs. 15000 / - in
cash to his brother as funeral charges etc. He also stated that no dec:ith
L
compcnsalinn has been JJaid by him to ti d d 1e epen ent/Iegal heirs of deceased workman Sh. Yuga) l<ishore.
4- As the respondent i.e. Sh. Raj Kumar Khanna appeared on 04.01.2021 before the
Commissioner Employees Compensation and admitted the occurrence of accident
in which he has stated that the Sh. Yuga) Kishore has died during the course and
out of his employment under him.
5. In view of the admission of the fact and order XII, Rule 6 of the Code of Civil
Procedure, 1908 as it is a case of admission of an accident/death during the course
and out of employment under the Respondent, which is quoted as under:-
6 [udg1nent on admission :- (1) Where admission of fact have been made either V $
in the pleading or otherwise. whether orally or in writing. the Court may at any
~ - .. stage of the suit. either on the application of any party or of its own motion and
~';J.,~ ~~¾':lfithout waiting for the determination of any other question between the
· ~::~- "-:~~ties, make such order or give such judgment as it may think fit, having r:. .. iJ[t}ard to such admission .
. I. , i .:,·l • .. . . .• :-· ,1 ' I
~-~;if' Since, it is an admitted case and is covered under Order XII Ruic - 6 of Code of
Civil Procedure, 1908, no further evidence is required.
6. Relief:
Next comes as to what amount of compensation the dependents/legal heirs of
deceased workman Sh. Yuga! Kishore are entitled. As per the statement of the
respondent that Sh. Yugal Kishore was aged between 45 to 50 accordingly his
age for purpose of the calculation of compensation, the age of the deceased at
the time of death is taken as 47 year and 50% of wages Rs.7500/- vide
notifiG1tion F.No.S-3 7025 /03 /2016-SS-1) dated 03.01.20. Accordingly
compensation is calculated as under:-
Relevant factor - schedule IV in 4 7 years of age 163.07
50% of wages@ Rs. 15,000/- p.m as per section 4 Rs. 7500/-
Amount of compensation: 163.07X7500/-
= Rs. 12,23,025/-
7. In view of the above calculation respondent i.e. Sh. Raj Kumar Khanna, Prop. Of
M/s janahvi Creations, B-125, 3rd Floor, LHS, Mayapuri, Industrial Area, Phase-I
also at R/o WZ-106/126, Rajouri Garden, Tagore Garden, S.O. West Delhi -110027
is liable to pay death compensation Rs.12,23,025/- (Rupees Twelve Lacs Twenty
Three Thousand Twenty Five Only) on account of compensation payable to the
legal heirs/de pendent of deceased workman Sh. Yuga! Kishore along with interest
@ 12 % p.a. w.e.f. 26.12.2020 till its realization, by way of Pay order in favour of
"Commissioner, Workmen Compensation" (District-South West)" within a period
of thirty (30) days from the pronouncement of this order for disbursement to the
dependent/legal heirs of deceased workman Sh. Yuga! Kishore, failing to deposit
the compensation amount as directed, the same sha ll be recovered as arrears of
land revenue in accordance to the said Act.
Given unde r my hand and seal of on the 0'1-th January 2021 . .,,-·. ---
,-~,,• /\\l1'•1 , '· .. ,
~~? .. . ~'/ . /'.: . . I . ( '. . . 1k~1 S_ingh)
, 11ss1oner, Unde r EmployeQ~.Cgia1p J 1 Act, 192:3
I• ~.-'<:<1 ·n . I c ~ .. _ ..... _.:.