STATE OF MAHARASHTRA Vs. JUDGE, LABOUR COURT
LAWS(BOM)-2017-3-18
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on March 17,2017

STATE OF MAHARASHTRA Appellant
VERSUS
JUDGE, LABOUR COURT Respondents

JUDGEMENT

A.S.CHANDURKAR, J. - (1.) Admit. Shri N.B. Kalwaghe, learned counsel, waives notice on behalf of respondent nos. 2 to 5.
(2.) Following Substantial Question of Law arises for consideration in this appeal filed under :- "Whether the provisions of Section 7 (2) (xiv) of the Maharashtra Employment Guarantee Act, 1977, would override the provisions of the Employees' Compensation Act, 1923, in the matter of grant of compensation so as to dis-entitle the claimants from seeking compensation under provisions of Section 22 of the Employees' Compensation Act, 1923 -
(3.) Facts giving rise to the present appeal are that it is the case of respondent nos. 2 to 5 that Ganesh Kakar, husband of respondent no.2, was employed with the Social Forestry Division, Buldhana. He was engaged for doing the work of planting trees, digging pits, watering plants etc. at Taluka Motala. He was paid wages at the rate of Rs.127/- per day. On 20th December, 2011, said Ganesh during the course of employment met with an accident when the tractor in which he was travelling fell in a pit and overturned. Said Ganesh succumbed to the injuries sustained in the said accident. This gave rise to filing of proceedings for grant of compensation under Section 22 of the Employees' Compensation Act, 1923 [for short, "the Act of 1923"]. In the reply filed by the appellants, it was stated that deceased Ganesh was employed as a labour by the Social Forestry Department under the Mahatma Gandhi National Rural Employment Guarantee Scheme. It was then stated that the family of the deceased was paid Rs.50,000-00 as ex gratia amount on 17th May, 2012 and, therefore, the application for compensation under Section 22 of the Act of 1923 was not maintainable.;


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