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Judgment
Arindam Sinha, J
Mr. Tripathy, learned advocate appears on behalf of petitioner and submits, his client’s husband died due to accident while cutting paddy. Electric wire fell on him and he was electrocuted. The death occurred within one year of the deceased having registered himself under the Odisha Building and Other Construction Workers Welfare Board. He got registered on 19th August, 2014 and died by accident on 25th November, 2014. He draws attention to annexure G/2 in the counter and submits, by communication dated 27th January, 2015 there was, inter alia, waiver of some conditions regarding death benefit.
“The minimum period of registration of one year, required for availing assistance for purchase of safety equipment, working tools and death benefit (in case of natural death), is waived.”
He refers to sub-rules (1) and (2) under rule 271 in Odisha Building and Other Construction Workers’ Welfare Board. Relied upon provisions are reproduced below.
“271. (1) The Board may sanction an amount of Rs.10,000 to the nominees of beneficiary towards Death Benefit.
If the death is due to an accident during the course of employment, the nominee or dependent of the beneficiary may be given financial assistance to the tune of Rs.20,000 towards death benefit. Payment of death benefit under this rule shall be made by the Board provided there is no Group Insurance Scheme for the building worker/registered beneficiary undertaken by the Board with an Insurance Company. If Group Insurance is taken up by the Board as per Rule 274, death benefit as envisaged in this rule may not be necessary.
(2) A nominees who is entitled to Death Benefit under this rule shall submit to the Secretary or any other Officer authorized by him an application in Form XXXV. A certificate regarding the death or accident issued by a Government Doctor not below the rank of an Assistant Surgeon shall be produced along with the application and other documents specified by the Board. However, the minimum eligibility of membership of one year shall not be applicable for availing the benefit in case of accidental death.”
He submits, when death benefit is available on natural death within one year immediately upon registration, there should not be denial of death due to accident, as not in course of employment.
Mr. Panda, learned advocate, Additional Government Advocate appears on behalf of State.
State is to give instructions on record of submissions made in this order.
List on 4th March, 2022..
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