Constable in Railway Protection Force is a “workman” under Employees (Workmen) Compensation Act 1923.
On 27.12.2006, the husband of the respondent no.1 Constable in the Railway Protection Force met with an accident in the course of employment and died on 23.4.2008 at the age of 25 years.
The respondent no.1 with other heirs of deceased Constable filed claim petition under the Employees Compensation Act, 1923.
The appellant raised an objection that deceased was not a workman and therefore, the claim petition under 1923 Act is not maintainable.
The Commissioner held that the deceased was a “railway servant” in terms of section 2(34) of the Railways Act, 1989 and therefore, workman under 1923 Act. The compensation of Rs.4,33,820/- with interest was awarded.
The appeal of the appellant was dismissed by the High Court.
In appeal, the contentions were that the claim was not maintainable under 1923 Act, process of compassionate appointment of next kin of deceased was initiated and the claimants had alternative remedy under Section 124-A of the 1989 Act.
HELD that as per section 2(34) of 1989 Act as amended from 1.7.2004 provides that “railway servant” includes RPF member appointed under Section 2(1)(c) of 1957 Act and therefore, a constable of RPF would be deemed a workman for 1923 Act.
The explanation to Sections 124 and 124-A of the Railways Act, 1989, says that “passenger” includes a railway servant on duty and section 128 saves right of any person to claim compensation under the Workmen’s Compensation Act, 1923.
Judgment dated 26.9.2023 in Commanding Officer, Railway Protection Special Force, Mumbai Vs. Bhavnaben Dinshbhai Bhabhor and others
