Steel Authority Of India Limited (SAIL) vs Khudibala Sen @ Khudi Bala

I.A. No.6634 of 2018

The instant I.A. filed for condonation of delay of 349 days in preferring the appeal against the judgment dated 30.05.217 passed by learned Presiding Officer, Labour Court-cum-Commissioner Workmen Compensation, Bokaro, in W.C. Case No. 06 of 2013.

Learned counsel for the appellant has submitted that because of the process such delay has occurred.

Learned counsel for the respondent has submitted that no cogent reason has been explained, in this application and if the employer like SAIL is behaving in such a manner and not paying compensation amount to its own employee (victim), is unfortunate and as such condonation application may not be allowed.

M.A. No. 438 of 2018

Heard learned counsel for the appellant and learned counsel for the respondent.

The instant appeal has been preferred against the Award dated 30.05.2017 passed by learned Presiding Officer, Labour Court-cum-Commissioner Workmen Compensation, Bokaro, in W.C. Case No. 06 of 2013, whereby the claimant being the widow of the deceased employee (Hira Sen) who died on 09.01.2012 in course of employment and working under management of Bokaro Steel Plant, Bokaro and the learned Labour Court, Bokaro vide impugned award dated 30.05.2017 has awarded a compensation of Rs.5,56,520/- in favour of the respondent Khudibala Sen @ Khudi Bala, wife of Late Hira Sen against the Steel Authority of India Limited (Bokaro Steel Plant, Bokaro) to be paid within a period of thirty days along with interest @ 12% per annum from the date of accident dated 09.01.2012 till its payment.

Learned counsel for the appellant has submitted that from perusal of the postmortem report which has been brought on record as Exhibit-A/5, deceased Hira Sen died because of Cardio respiratory failure due to intra cranial haemorrahage and the witness examined by the management namely, Snehansu Ghosh (D.W.1) has categorically submitted that deceased was working with him in the Coke Oven Plant from where Carbon Monoxide gas is emitted. Defence witness has further stated that the said gas, is not threat or danger. Learned counsel for the appellant has thus submitted that in view of such evidence brought on record, the learned trial court has not considered the same in its right perspective and wrongly passed the impugned award, which is not sustainable in the eyes of law.

Learned counsel for the appellant in support of his submission has placed reliance in the case of Malikarjuna G. Hiremath vs. Branch Manager, Oriental Insurance Company Limited And Another reported in (2009) 13 SCC 405, and submitted that till it is proved that death had occurred out of an accident arisen out of and in the court of the employment, no liability can be fastened upon the employer. Learned counsel for the appellant on these grounds has submitted that award may be set aside by condoning the delay.

Learned counsel for the respondent appearing for victim, Khudibala Sen @ Khudi Bala has submitted that the Tribunal has rightly considered the death of husband of the victim, Hira Sen in right perspective who was working in Coke Oven Plant and became unconscious and fell down and was taken to the plant hospital and subsequently referred to the Bokaro General Hospital, where Hira Sen was declared dead. Doctor has categorically mentioned in the postmortem report that cause of death was Cardio respiratory failure. Counsel for the respondent has further submitted that statement given by layman, who is not an expert in the medical science, that Carbon Monoxide is not injurious to the health or may cause adverse impact upon employee without any legal or authentic evidence brought on record, the appeal preferred by the appellant is devoid of merit. Learned counsel for the respondent has further submitted that Carbon Monoxide is a gas injurious to health. Bokaro Steel Plant has not adduced any evidence on record that such unconsciousness of an employee while working inside the plant, is not because of Carbon Monoxide. Admittedly the employee has suffered unconsciousness while he was working. He was taken to the plant hospital and thereafter referred to the Bokaro General Hospital where he was declared dead because of Cardio respiratory failure, as such, in absence of evidence adduced by the appellant disputing the cause of death of Late Hira Sen, husband of the victim during course of the employment while working inside the Coke Oven plant, this Court may not interfere with the award passed by the learned trial court. Learned counsel for the respondent has thus submitted that the appeal being devoid of any merit may be dismissed as deceased has died on 09.01.2012 and more than seven years have lapsed, as such the appeal may be dismissed which got no merit with a direction to the Presiding Officer, Labout Court, Bokaro to release the amount along with upto-date interest in favour of the respondent Khudibala Sen @ Khudi Bala.

Heard, learned counsel for the appellant and learned counsel for the respondent and perused the materials brought on record. From perusal of the impugned award it appears that court below has taken note, while deciding issue no.i Whether the husband of the claimant Late Hira Sen died out of and in the course of employment under appellant-SAIL and during work because of emission of gas at Coke Oven Plant and became unconscious and fell down and sustained injury on his head. This issue has been dealt with in detail and considering the same the learned Tribunal has considered that deceased- Hira Sen was working at a place where gas was emitted and he has died in an accidental manner at the working place while discharging his duty. No other point has been raised on behalf of the appellant to interfere with the same. This Court has found that the finding recorded by the learned Presiding Officer, Labour Court, Bokaro requires no interference by this Court in absence of any cogent and legal material; The employee, who was inside the plant has died. There is no reason to interfere with the impugned award and the appeal as well as judgment cited by the learned counsel for the appellant in the facts and circumstances of the case. In the present case deceased, Hira Sen was working inside in the Coke Oven Plant, where gas was emitted, he became unconscious and fell down, sustained injuries and was taken to the plant hospital and subsequently referred to Bokaro General Hospital where the doctor has declared him dead because of Cardio respiratory failure, I find no merit in this appeal and accordingly the same is hereby dismissed.

After hearing the learned counsel for the parties and on the basis of the averments made in the I.A. application, I do not find any reason to condone the delay without any valid reason, as Award has been passed in Workmen Compensation case under the Workmen Compensation Act where class-IV employee died and his wife is fighting for compensation for the last seven years. Accordingly the instant I.A. has got no merit and as such the same is hereby dismissed.

Consequently the appellant is directed to pay the amount of award as awarded by the learned Tribunal to the tune of Rs. 5,56,520/- along with 12% interest per annum from the date of death i.e. 09.01.2012 till its payment after calculating the same to the respondent within a period of thirty days from today.

The statutory amount deposited before the learned Labour Court may be utilized for adjustment of the same.

Let a copy of this order be communicated through FAX to the learned Labour Court forthwith.