BEFORE COMMISSIONER UNDER EMPLOYEES COMPENSATION ACT 1923

LABOUR DEPARTMENT, GNCT OF DELHI, SOUTH WEST DISTRICT DTC COLONY, PRATAP NAGAR, HARi NAGAR, NEW DELHI-64

No. EC(D)-01/SWD/2021\1s -\~

In the matter of:

~al I<ishore deceased workman Through his Dependents/Legal heirs

Versus

M/s Janhavi Creations, B-125, 3rd Floor, LHS Mayapuri Industrial Area, Phase-I, New Delhi

/'? Also at :-. ..,_\ic-ri Co,

..,/-;:_- ~ :,. j Kumar Khanna S/o Late Sh. Ramesh Chand Khanna

Speed Post

... ....... Claimant

<-... ,. R/9·-:-~ Z-106/126, Rajouri Garden, New Delhi '~ .. ... ........ Respondent

~~p ;, cC·

ORDER 4 <"rT!icC. ·

1. Whereas, intimation has been received through FIR No. 0587 dated 26.12.2020

registered in PS Mayapuri also through Assistant Director (!SH) vide letter dated

29.12.2020 and newspaper clip i.e. Times of India dated 27.12.2020. Assistant

Director (ISi-i) has reported that workman Sh. Yuga! Kishore has died due to fire

accident on 26.12.2020 at B-125, 3rd Floor, LHS, Mayapuri, Industrial Area during

and out of his employment under the respondent and informed that the

unit/establishment of respondent was not covered under ESIC Act, l 9'1-8 hence,

necessary action may be initiated under the Employees Compensation Act, 1923.

2. Accordingly, summon dated 01.01.2021 was served Dasti through Area Labour

Inspector to the respondent with direction to appear and file relevant records

pertaining to the deceased workman alongwith copy of nomination form i/r/o

deceased workman Sh. Yuga! Kishore. Sh. Raj Kumar Khanna Prop. Of M/s Janhavi

Creations, appeared on 04.01.2021 at 11:00 A.M. and got his statement recorded

before the undersigned. Sh. Raj Kumar Khanna stated that on 26.12.2020 at about

04-:00 A.M. he received a phone call from owner of Tea-Stall, near his factory,

informing him that Sh. Yuga! Kishore is not picking up phone calls as fire has

broken out in his factory at B-125, 3rd Floor, LHS, Mayapuri, Industrial Area, Phase­

!.

3. On receipt of phone call immediately he reached to the factory and saw that Fire

brigade and Delhi police staff were gathered there and were trying to control the

Fire. He has further stated that at about 05:30 A.M. Delhi Police took out Sh. Yuga!

~ Kishore from the factory and immediately he was taken to Deen Dayal Upadhyay

~ - - ' spital by ambulance and thereafter he also reached to the hospital. Sh. Raj / (.',.,

,. \ .··. Ku} ar Khanna stated that after reaching the hospital he came to know that Yugal ' ~ ..

(· >- Kis ore was already declared dead by the doctors. He also stated that Sh. Yugal .. >" ,;,, . .-;; ·,-· . ~ ~ shore was working with him as cutter man since his establishment is engaged to

make masks as he receives orders time to time for the same from KVIC

Department. He further stated that Yuga! Kishore used to stay in the factory

premise in one room. Sh. Yuga! Kishore was working as part time worker and

accordingly he was paid. He also stated that FIR vide no. 0587 dated 26.12.2020

has been registered against him in P.S. Mayapuri and he is presently on bail. Sh. Raj

Kumar Khanna also stated that there was no nomination form filled up by Yugal

Kishorc as he was working as part time worker. He has also stated that his

establishment M/s Janhavi Creations , 8-125, 3 rd Floor, LHS, Mayapuri, Industrial

Area, Phase-I, Delhi is not registered under ESIC Act, 1948. Hence, Sh. Yuga!

l<ishore was not registered under ESIC as beneficiary. Sh. Raj Kumar Khanna also

stated that Sh. Yuga I Kishore was aged between 45 to 50. He paid Rs. 15000 / - in

cash to his brother as funeral charges etc. He also stated that no dec:ith

L

compcnsalinn has been JJaid by him to ti d d 1e epen ent/Iegal heirs of deceased workman Sh. Yuga) l<ishore.

4- As the respondent i.e. Sh. Raj Kumar Khanna appeared on 04.01.2021 before the

Commissioner Employees Compensation and admitted the occurrence of accident

in which he has stated that the Sh. Yuga) Kishore has died during the course and

out of his employment under him.

5. In view of the admission of the fact and order XII, Rule 6 of the Code of Civil

Procedure, 1908 as it is a case of admission of an accident/death during the course

and out of employment under the Respondent, which is quoted as under:-

6 [udg1nent on admission :- (1) Where admission of fact have been made either V $

in the pleading or otherwise. whether orally or in writing. the Court may at any

~ - .. stage of the suit. either on the application of any party or of its own motion and

~';J.,~ ~~¾':lfithout waiting for the determination of any other question between the

· ~::~- "-:~~ties, make such order or give such judgment as it may think fit, having r:. .. iJ[t}ard to such admission .

. I. , i .:,·l • .. . . .• :-· ,1 ' I

~-~;if' Since, it is an admitted case and is covered under Order XII Ruic - 6 of Code of

Civil Procedure, 1908, no further evidence is required.

6. Relief:

Next comes as to what amount of compensation the dependents/legal heirs of

deceased workman Sh. Yuga! Kishore are entitled. As per the statement of the

respondent that Sh. Yugal Kishore was aged between 45 to 50 accordingly his

age for purpose of the calculation of compensation, the age of the deceased at

the time of death is taken as 47 year and 50% of wages Rs.7500/- vide

notifiG1tion F.No.S-3 7025 /03 /2016-SS-1) dated 03.01.20. Accordingly

compensation is calculated as under:-

Relevant factor - schedule IV in 4 7 years of age 163.07

50% of wages@ Rs. 15,000/- p.m as per section 4 Rs. 7500/-

Amount of compensation: 163.07X7500/-

= Rs. 12,23,025/-

7. In view of the above calculation respondent i.e. Sh. Raj Kumar Khanna, Prop. Of

M/s janahvi Creations, B-125, 3rd Floor, LHS, Mayapuri, Industrial Area, Phase-I

also at R/o WZ-106/126, Rajouri Garden, Tagore Garden, S.O. West Delhi -110027

is liable to pay death compensation Rs.12,23,025/- (Rupees Twelve Lacs Twenty

Three Thousand Twenty Five Only) on account of compensation payable to the

legal heirs/de pendent of deceased workman Sh. Yuga! Kishore along with interest

@ 12 % p.a. w.e.f. 26.12.2020 till its realization, by way of Pay order in favour of

"Commissioner, Workmen Compensation" (District-South West)" within a period

of thirty (30) days from the pronouncement of this order for disbursement to the

dependent/legal heirs of deceased workman Sh. Yuga! Kishore, failing to deposit

the compensation amount as directed, the same sha ll be recovered as arrears of

land revenue in accordance to the said Act.

Given unde r my hand and seal of on the 0'1-th January 2021 . .,,-·. ---

,-~,,• /\\l1'•1 , '· .. ,

~~? .. . ~'/ . /'.: . . I . ( '. . . 1k~1 S_ingh)

, 11ss1oner, Unde r EmployeQ~.Cgia1p J 1 Act, 192:3

I• ~.-'<:<1 ·n . I c ~ .. _ ..... _.:.