Madurai Bench of High Court of Madras Ruling
The Madurai Bench of the High Court of Madras, in the case of Thilagavathi v. Deputy Commissioner of Labour and Others, has upheld an order awarding part of the compensation paid for the death of an industrial worker to the parents of the deceased.
Justice S. Vaidyanathan observed, “The respondent has clearly stated that since the children of the deceased have completed 18 years of age and attained majority, there is a bar under the provisions of the Act to treat them as dependents of the deceased employee. Moreover, this Court finds nothing wrong in adding the parents of the deceased as dependents, as it was rightly contended by the 1st respondent that under Section 2(1)(d)(iii)(b) of the Act, it has been mentioned as ‘a parent other than a widowed mother.’”
The case related to the death of Subramaniyan, who, while working as a machine operator at Sakthi Sugar Mills in Sivagangai, died due to injuries suffered in the course of employment. Based on a claim petition filed under Section 22 of the Workmen Compensation Act, an award of Rs. 5,75,720 was subsequently passed by the Tribunal in favor of the wife, mother, and father of the deceased employee, excluding his children due to them having attained majority. The petitioner-wife had now demanded that the entire amount be paid to her and her children.
The petitioner submitted that since the Act contemplates a dependent to include a widow, a minor (legitimate or adopted) son, an unmarried (legitimate or adopted) daughter, or a widowed mother, the parents would not be eligible for compensation to be paid to the dependents.
Rejecting such contentions, the Court upheld the order of the Tribunal and further observed, “Even assuming for the sake of argument that the children of the petitioner have got to be treated as dependents, the amount of compensation will have to be apportioned from the money payable to their mother, namely, the petitioner herein, and not from the amount payable to the parents of the deceased employee.”
Source: Married Industrial Worker
From India, Malappuram
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1446The Madurai Bench of the High Court of Madras, in the case of Thilagavathi v. Deputy Commissioner of Labour and Others, has upheld an order awarding part of the compensation paid for the death of an industrial worker to the parents of the deceased.
Justice S. Vaidyanathan observed, “The respondent has clearly stated that since the children of the deceased have completed 18 years of age and attained majority, there is a bar under the provisions of the Act to treat them as dependents of the deceased employee. Moreover, this Court finds nothing wrong in adding the parents of the deceased as dependents, as it was rightly contended by the 1st respondent that under Section 2(1)(d)(iii)(b) of the Act, it has been mentioned as ‘a parent other than a widowed mother.’”
The case related to the death of Subramaniyan, who, while working as a machine operator at Sakthi Sugar Mills in Sivagangai, died due to injuries suffered in the course of employment. Based on a claim petition filed under Section 22 of the Workmen Compensation Act, an award of Rs. 5,75,720 was subsequently passed by the Tribunal in favor of the wife, mother, and father of the deceased employee, excluding his children due to them having attained majority. The petitioner-wife had now demanded that the entire amount be paid to her and her children.
The petitioner submitted that since the Act contemplates a dependent to include a widow, a minor (legitimate or adopted) son, an unmarried (legitimate or adopted) daughter, or a widowed mother, the parents would not be eligible for compensation to be paid to the dependents.
Rejecting such contentions, the Court upheld the order of the Tribunal and further observed, “Even assuming for the sake of argument that the children of the petitioner have got to be treated as dependents, the amount of compensation will have to be apportioned from the money payable to their mother, namely, the petitioner herein, and not from the amount payable to the parents of the deceased employee.”
Source: Married Industrial Worker
From India, Malappuram
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The Madras High Court ruling in the case of Thilagavathi v. Deputy Commissioner of Labour and Ors. clarifies that the parents of a deceased industrial worker are entitled to receive a portion of the compensation in case the worker's children have attained majority. This decision is based on the provisions of the Workmen Compensation Act and the definition of dependents outlined in Section 2(1)(d)(iii)(b) of the Act. The ruling emphasizes that even if the children are considered dependents, the compensation amount should be apportioned from what is payable to their mother, not from the share allocated to the deceased employee's parents. To ensure compliance with this legal interpretation, organizations and legal advisors should review their compensation policies and procedures to align with the court's decision and the relevant labor laws.
From India, Gurugram
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From India, Gurugram
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SC - Temporary workers given benefit compensation for not making permanent 4.4.2013.pdf