The Single Judge of the Delhi High Court disposed of a writ petition seeking a mechanism for recovery of an award under the Employee's Compensation Act, 1923, noting statutory recovery powers and informing that sum amounts had been received by petitioners.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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SUKHRAM ..... Petitioner Through: Mr.Arunabh Bakshi, Advocate.
versus
NCT OF DELHI & ORS ..... Respondents Through: Mr.Amresh Mathur, Advocate with Mr.Sumit Rajput, Advocate for R-1. Mr.Rishabh Jetley, Advocate for Mr.Sanjoy Ghose, ASC for State/GNCTD.
CORAM: HON'BLE MR. JUSTICE VINOD GOEL
VINOD GOEL, J. (ORAL)
Page 1 of 4
W.P. (C) 1667/2017
M/s.Sameer Enterprises as a cleaner on the Oil Tanker, had died during the course of the employment. On 07.04.2016, the Commissioner Employee’s Compensation/the Assistant Labour Commissioner, Labour Department, Government of NCT of Delhi, after hearing the parties awarded a compensation of Rs.6,54,562/- with interest @ 12% per annum from 07.06.2011 till its realization against the M/s. Sameer Enterprises in favour of the dependents of the deceased. M/s.Sameer Enterprises was directed to deposit the awarded amount by pay order in favour of Commissioner Employee’s Compensation – VIII within a period of 30 days for disbursement to the claimants.
Page 2 of 4
W.P. (C) 1667/2017
“31. Recovery. – The Commissioner may recover as an arrear of land-revenue any amount payable by any person under this Act, whether under an agreement for the payment of compensation or otherwise, and the Commissioner shall be deemed to be a public officer within the meaning of section 5 of the Revenue Recovery Act, 1890 (1 of 1890).
Page 3 of 4
W.P. (C) 1667/2017
recovered amount shall be immediately disbursed to the claimant by the Commissioner and at the same time interest of minor claimant shall be protected and taken care of. It is further expected that balance amount would be soon recovered from M/s Sameer Enterprises as per rules and disbursed to the claimants.
(VINOD GOEL) JUDGE
JANUARY 04, 2018
“shailendra”
Page 4 of 4
W.P. (C) 1667/2017
1 issue framed by the court
Whether the Court could set up a proper mechanism for speedy recovery of the Award under the Employee's Compensation Act.
1 provisions across 1 enactments
Suhreram
NCT of Delhi
SDM Punjabi Bagh
M/s. Sameer Enterprises
Vinod Goel
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
