Petitioner sought compensation for accidental death of her husband. Court directed State to provide Form G1 within two weeks and expedited the claim process to be completed within three months.
Direction to State to make over copy of Form G1 to petitioner within two weeks and expedite compensation processing within three months.
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21 20.03.2023
Sc Ct. no.550
WPA 4124 OF 2023
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Rubi Devi Routh
Vs.
The State of West Bengal & Ors.
Ms. Juin Dutta Chakraborty
….For the Petitioner
Mr. Nilotpal Chatterjee
Mr. Debapriya Chatterjee.
….For the State
Mr. Ranjay De Mr. B. Banerjee.
….For the Respondent No.4
The present writ application has been filed for disbursal of compensation arising out of accidental death of the petitioner’s husband. Ms. Chakraborty learned advocate representing the petitioner submits that the petitioner’s husband was an employee of Garden Reach Shipbuilders and Engineers Ltd. While on duty the petitioner’s husband met with an accident on September 2, 2014 and died. She says the petitioner is entitled to compensation on account of unfortunate death of her husband. She says although the petitioner had approached the Commissioner Workmen’s Compensation, till date no compensation has been disbursed.
Mr. Chatterjee, learned advocate representing the State submits that the petitioner is required to apply in Form – G1, for the purpose of claiming compensation. According to him the compensation has been deposited
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by the respondent no.4 and the same is lying in deposit with them. He submits that an amount of Rs.6,52,280/is lying in deposit with the Treasury. He further submits that as and when the petitioner files the Form – G1, the said application shall be processed and the compensation amount shall be disbursed in her favour.
The learned advocate representing the State, however, could not produce the Form – G1.
Since Ms. Chakraborty submits that she is yet to receive the Form – G1 from the authorities, and since no useful purpose will be served by keeping the writ application pending, I propose to dispose of the writ application by directing the State authorities to make over a copy of the Form – G1, to the petitioner within a period of two weeks from date, for the petitioner to file the same along with requisite documents, if any.
If such an application is filed by the petitioner within thirty (30) days from the date of receipt of such Form – G1, the same shall be processed by the respondents authorities and the compensation amount shall be disbursed in favour of the petitioner.
It is expected that the respondents shall expedite the process and shall not unnecessarily call for additional documents from the petitioner.
The entire process must be completed within a period of three months from date.
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With the aforesaid observations and directions the present writ petition is disposed of without any order as to costs.
All parties shall act on the server copies of this order duly downloaded from the official Website of this Hon’ble Court.
(Raja Basu Chowdhury, J.)
1 issue framed by the court
Whether the State authorities are directed to provide the claim form for award of workmen's compensation arising out of accidental death at workplace.
Rubi Devi Routh
The State of West Bengal
Garden Reach Shipbuilders and Engineers Ltd.
Raja Basu Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
