K.Arockiamary v. The General Manager

ORDER The present writ petition has been filed seeking a Mandamus as against the 3rd respondent to disburse the compensation amount that was deposited by the respondents 1 and 2.

¶2According to the learned counsel appearing for the writ petitioner, her mother, namely Dhanalakshmi was working as Senior Track Woman in Railway Station and she died in the course of employment on 20.10.2005. The compensation arising out of the said death was voluntarily deposited by the respondents 1 and 2 before the 3rd respondent herein amounting to a sum of Rs.3,38,880/- (Rupees Three Lakh Thirty Eight Thousand Eight Hundred and Eighty only). However, the 3rd respondent has chosen to return the said amount to the respondents 1 and 2 on the ground that the names reflected in the Legal Heir Certificate are not dependants of the deceased employee. Hence, the present writ petition.

¶3The respondents 1 and 2 have deposited the said amount only relying upon the Legal Heir Certificate placed by the writ petitioner before the said authorities. Therefore, the 3rd respondent need not go into the said issue whether they are the dependants or not. The respondents 1 and 2 have deposited the said amount only after being satisfied that the legal heirs are the dependants and the Workman's Compensation Act covers the said accident. The question of 3rd respondent again going into the issue of dependancy does not arise.

¶4Considering the above said facts, the respondents 1 and 2 are directed to redeposit the said amount before the 3rd respondent within a period of four (4) weeks from the date of receipt of copy of this order. On such receipt, the 3rd respondent is directed to disburse the amount equally among the legal heirs of the deceased Dhalalakshmi within a period of four (4) weeks thereafter.

¶5With the above said observations, this Writ Petition stands allowed. No costs.

01.12.2023 NCC : Index : Internet : gbg To

1.The General Manager, Southern Railway, Park Town, Chennai-600 003.

2.The Senior Divisional Personnel Officer, Palghat Division, Southern Railway, Palakkad-678 002, Kerala State.

3.The Deputy Commissioner of Labour, (WCA-Authority), Labour Department, Government of Tamil Nadu, Dindigul-624 001. R. VIJAYAKUMAR

,J.

gbg Dated:

01.12.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2023 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR K.Arockiamary ... Petitioner Vs. 1.The General Manager, Southern Railway, Park Town, Chennai-600 003. 2.The Senior Divisional Personnel Officer, Palghat Division, Southern Railway, Palakkad-678 002, Kerala State. 3.The Deputy Commissioner of Labour, (WCA-Authority), Labour Department, Government of Tamil Nadu, Dindigul-624 001. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the representation of the petitioner, dated 20-09-2018 and to disburse the WCA compensation share payable on the account of the deceased mother Smt.F.Dhanalakshmi, which is available in the hands of the respondents 1 and 2. For Petitioner : Mr.J.Sanjey Vignesh For R1 & R2 : Mr.Mohideen Basha Government Advocate For R3 : R.Suresh Kumar Additional Government Pleader