Tripura High Court
High Court Of Tripura vs For The on 13 January, 2022
HIGH COURT OF TRIPURA
AGARTALA
MFA (EC) 3 /2019
For the Appellant(s) : Mr. S. Datta, Advocate
For the Respondent(s) : None
HON'BLE MR. JUSTICE ARINDAM LODH
Order
13/01/2022
Heard Mr. S. Datta, learned counsel appearing on behalf of the
appellants.
By way of filing the present appeal under Section 30 of the Employees
Compensation Act, 1923, the appellants have challenged the judgment and
award dated 02.01.2019 passed by the learned Commissioner, Employee's
Compensation, West Tripura, Agartala, in case No. T.S. (EC) 26 of 2013.
Brief facts are that, the appellants being the legal heirs of late Hindu
Mani Tripura filed an application before the learned Commissioner,
Employees Compensation, West Tripura, Agartala, claiming compensation
due to death of late Hindu Mani Tripura. What has been surfaced from the
claim application and submission of learned counsel appearing for the
appellants is that late Hindu Mani Tripura was a labour engaged under
MGNREGA scheme. It is the case of the appellants that during and in course
of his employment, Hindu Mani Tripura suffered cardiac attack, and
ultimately died. The respondents had appeared being summoned. Issues
were framed. Evidences were recorded. Thereafter, having heard learned
counsel and on examination of the materials on record, learned
Commissioner, Employee's Compensation, West Tripura, Agartala, had
dismissed the suit filed by the appellants. The grounds for such dismissal as
assigned by learned Commissioner, Employee's Compensation, may be
reproduced here-under:-
"7. The Employee's Compensation Act being a welfare legislation, the words
"arising out of accident" is always given wider meaning. Even if, any injury is
caused from some risk incidental or attached to the duties assigned, it comes
under above phraseology. If the deceased/injured employee had some
disease in him prior to such entrustment of duty, but such ailment has been
aggravated by reason of any sort of stress or strain due to nature of
employment, same will also some within the purview of Employee's
Compensation Act entitling the petitioner(s) to compensation. But to attract
so, petitioner(s) remains under legal obligation to establish the same. Here, in
the case in hand, nothing has been adduced as such. Even, the petitioners did
not disclose what of sort of work, the deceased was entrusted with. They
simply asserted that the deceased was employed as labour under MGNREGA
scheme and nothing more. No evidence adduced regarding nature of work
entrusted with and the risk, stress or strain involved therein and the affect of
such employment upon the health of the deceased. In this type of cases,
medical evidence also assumes significance to establish casual relationship
between the nature of work and the death of the deceased. Thus, the
petitioners fail to establish the casual relation of the death of Hindu Mani
Tripura with his employment".
I find no fault in the above findings of the learned Commissioner. In
addition, MGNREGA workers do not hold any civil post under the State
government. The wages are paid to MGNREGA workers under a scheme.
As such, an MGNREGA worker does not come within the purview of the
definition of "workman" as contemplated in the Employee's Compensation
Act.
In view of the above, the instant appeal is devoid of merit, and
accordingly dismissed.
JUDGE
Saikat
