Full Judgment Text
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CASE NO.:
Appeal (civil) 4548 of 2007
PETITIONER:
MORGINA BEGUM
RESPONDENT:
MANAGING DIRECTOR, HANUMAN PLANTATION LTD.
DATE OF JUDGMENT: 26/09/2007
BENCH:
A.K. MATHUR & MARKANDEY KATJU
JUDGMENT:
JUDGMENT
1. Leave granted.
2. This appeal by special leave is directed against the judgment and order
dted 10.2.2006 of the Division Bench of the High Court of Gauhati whereby
the High Court has set aside the order of the Commissioner, Workmen’s
Compensation, Tezpur dated 04.10.2002.
3. For convenient disposal of this case, a few facts may be mentioned.
Deceased Md. Rajik Ahmed was an employee of the respondent company. He died
on 14.07.2000. A petition for claiming compensation under the Workmen’s
Compensation Act was filed by the father and mother of the deceased before
the Commissioner, Workmen’s Compensation, Zone-III, Tezpur. In the said
petition, the learned Commissioner, Tezpur awarded compensation of Rs.
2,70,520/- Aggrieved against the said order passed by the Commissioner,
Workmen’s Compensation, Tezpur, the respondent company preferred an appeal
before the High Court of Gauhati. Two arguments were raised before the High
Court on behalf of the respondent company (appellant in the High Court),
(1) that the Commissioner, Workmen’s Compensation, Tezpur had no
jurisdiction to entertain the claim petition and (2) the death of the
deceased did not occur during the course of employment. So far as the first
contention of the respondent is concerned, the High Court answered the same
against the claimant and held that the Commissioner, Tezpur had no
jurisdiction to entertain the claim petition and accordingly it allowed the
appeal filed by the respondent herein and set aside the order of the
Commissioner, Workmen’s Compensation, Tezpur, without going into the second
argument. Hence, the present appeal has been preferred by the claimants.
4. In order to appreciate the controversy involved in the present case
whether the Commissioner, Workmen’s Compensation, Tezpur had jurisdiction
to entertain the claim petition or not, it will be necessary for us to
refere to the necessary provisions of the Workmen’s Compensation Act, 1923
(hereinafter for short ‘The Act’). Section 21(1) of the Act which is
relevant for our prupose is reproduced hereunder:-
"21. Venue of proceedings and transfer:- (1) Where any matter under this
Act is to be done by or before a Commissioner, the same shall, subject to
the provisions of this Act and to any rules made hereunder, be done by or
before the Commissioner for the area in which-
(a) the accident took place which resulted in the injury; or
(b) the workman or in case of his death, the dependent claiming the
compensation ordinarly resides; or
(c) the employer has his registered office:
Provided that no matter shall be processed before or by a
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Commissioner, other than the Commissioner having jurisdiction over
the area in which the accident took place, without his giving
notice in the manner prescribed by the Central Government to the
Commissioner having jurisdiction over the area and the State
Government concerned:
Provided further that, where the workman, being the master or a
ship or a seaman or the captain or a member of the crew of an
aircraft or a workman in a motor vehicle or a Company, meets with
the accident outside India any such matter may be done by or before
a Commissioner for the area in which the owner or agent of the
ship, aircraft or motor vehicle resides or carries on business or
the registered office of the Company is situate, as the case may
be."
5. There is no dispute that the accident in the present case took place at
Nagaon and hence the Commissioner, Workmen’s Compensation at Nagaon also
had jurisdiction to entertain the claim petition. However, in the present
case the claim petition was filed at Tezpur because both the claimants,
i.e., the father and mother of deceased Md. Rajik Ahmed, started residing
at Tezpur with their son-in-law after the death of their son Md. Rajik
Ahmed. The question to be decided in the present case is when the accident
took place at Nagaon and the claimants were residing at the time of the
death of their son at Nagaon but after the death of their son Md. Rajik
Ahmed, they had shifted to Tezpur can me Commissioner, Workmen’s
Compensation at Tezpur legitimately entertain the claim petition.
6. Section 21(1)(b) of the Act clearly provides that the claim petition may
be filed by the claimant where the claimant ordinarily resides. In our
opinion, the expressesion ‘ordinarly resides’ means where the person
claiming compensation normally resides at the time of filing the claim
petition. The proviso to Section 21(1) which is also relevant for the
present controversy, provides that in case the Commissioner, other than the
Commissioner having jurisdiction over the area in whcih the accident took
place, entertains the claim petition then he shall give a notice to the
Commissioner having jurisdiction over the area and the state Government
concerned. The Amended Section 21 has been specifically introduced in the
Act by Amending Act No. 30 of 1995 with effect from 15th September, 1995 in
order to benefit and facilitate the claimants. The Statement of Objects and
Reasons for the Amendment of the Act, a copy of which has been produced
before us, clearly mentions that the amendment has been brought about for
benefits of the claimants viz. either the workmen or their dependents. The
relevant portion of the Statement of Objects and Reasons, reads as under:-
"It is also proposed to introduce provision for facilitating
migrant workmen to file compensation claims before the
Commissioners having jurisdiction over the area where they or their
dependents ordinarily reside. Provision for transfer of
compensation from one Commissioner to another has also been made."
7. The idea behind introduction of this amendment is that migrant labourers
all over the country often go elsewhere to earn their livelihood. When an
accident takes place then in order to facilitate the claimants they may
make their claim not necessarily at the place where the accident took place
but also at the place where they ordinarily reside. This amendment was
introduced in the Act in 1995. This was done with a very laudable object,
otherwise it could cause hardship to the claimant to claim compensation
under the Act. It is not possible for poor workmen or their dependents who
reside in one part of the country and shift from one place to another for
their livelihood to necessarily go to the place of the accident for filing
a claim petition. It may be very expensive for the claimants to pursue in
such a claim petition because of the financial and other hardship. It would
entail the poor claimant traveling from one place to another for getting
compensation. Labour statutes are for the welfare of the workmen. This
Court has in the case of Bharat Singh v. Management of New Tuberculosis
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Centre, New Delhi and Ors., [1986] 2 SCC, 614 has taken the view that
welfare legislation should be given a purposive interpretation safeguarding
the rights of the have-nots rather than giving a literal construction. In
case of doubt the interpretation in favour of the worker should be
preferred. The view which we are taking has been taken by a Division Bench
of the Orissa High Court in the case of S.K. Saukat Ali Alias Sekho S.K. v.
Commissioner for Workmen’s Compensation-cum-Deputy Labour Commissioner,
Cuttack and Ors., (1999) 2 Transport and Accident Cases 638 (Ori) and the
Andhra Pradesh High Court in the case of Noorjahan v. National Insurance
Co. Ltd. Hyderabad and Anr., (1999) 3 T.A.C. 276 (AP). Hence, we are of the
opinion that the view taken by both these High Courts is correct. A
claimant can apply before the Commissioner having jurisdiction over the
area where the claimant resides, and it is not always necessary to prefer a
claim petition where the accident has taken palce. This is for the facility
of the workmen and advances the cause of welfare of the worken. Therefore,
the view taken by the Gauhati High Court in the impugned order that the
claim petition could only be filed at the place where the accident had
taken place, cannot be sustained. Section 21(1)(b) read with its proviso is
a beneficial legislation for the welfare of the workmen and by the above,
interpretation, it will advance the cause of the workmen. Therefore, we are
of the opinion that the view taken by the Gauhati High Court in the
impugned order cannot be sustained and accordingly we set aside the
impugned order.
8. Now, adverting to the facts of the present case, in the present case,
both the claimants, i.e., the father and mother of the deceased have been
examined and they appeared in the witness box as PW-1 and PW-2. PW-1, the
father of the deceased Md. Rajik Ahmed, has clearly stated in his
examination in chief that they are residing with their son-in-law at Tezpur
for their livelihood. Similarly, the mother of the deceased has stated on
the same lines that they are residing at Tezpur with their son-in-law. A
suggestion given to her that they were residing at Nagaon has been
emphatically denied by her. The statement of these two witnesses makes it
clear that they are presently residing at Tezpur for their livelihood. The
statement of both these witnesses was believed by the Commissioner,
Workmen’s Compenstation, Tezpur. Learned counsel for the respondent
submitted that simply by saying that they are residing at Tezpur is not
enough to prove their statement but they should produce documents to show
that in fact they are residing at Tezpur. We see no reason to agree with
the learned counsel for the respondent when there is a clear statement by
both the claimants that they started residing at Tezpur after the death of
their son. If the respondent wanted to prove that they were deposing
falsely, he should have cross-examined these witnesses and challenged their
testimony in the witnesses box on this point, which has not been done. In
the present case, we are satisfied that the statement of the deceased’s
father and mother is trustworthy that they are ordinarily residing at
Tezpur, and hence the Commissioner, Workmen’s Compenstation, Tezpur has
jurisdiction to entertain the claim petition. The Commissioner, Tezpur has
also given notice to the Commissioner, Workmen’s Compensation, Nagaon as
well as the State Government in compliance with the proviso to Section
21(1) of the Act.
9. In these circumstances, we are of the view that the Commissioner,
Workmen’s Compensation, Tezpur had jurisdiction to entertain the claim
petition of the appellants. Accordingly, we set aside the impugned judgment
and order of the High Court. Learned counsel for the respondent submitted
that the High Court has considered the appeal only on the ground of
jurisdiction and not on merits. Learned counsel for the appellant has
fairly conceded this fact. Therefore, we remit the matter to the High Court
to consider the case of the respondent herein on merits with regard to the
second point urged before it and decide the same expeditiously.
10. The appeal is allowed. No order as to costs.