Chanda Devi v. The Bihar State Electricity Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17083 of 2019 ====================================================== Chanda Devi, Wife of Late Uttam Kumar Rai R/o Village-Mithapur, P.O. and P.S.-Garkha, District-Saran, Bihar ... ... Petitioner/s

Versus

1.

The Bihar State Electricity Board Patna 2.

The North Bihar Power Distribution Company Limited Chapra 3.

The Managing Director, North Bihar Power Distribution Company Limited, Chapra 4.

The General Manager North Bihar Power Distribution Company Limited, Chapra 5.

The Electrical Superintending Engineer, North Bihar Power Distribution Company Limited, Chapra 6.

The Electrical Executive Engineer, North Bihar Power Distribution Company Limited, Chapra 7.

The Assistant Engineer, North Bihar Power Distribution Company Limited, Chapra 8.

The Junior Engineer, North Bihar Power Distribution Company Limited, Chapra 9.

M/s Umesh Engineering Company, Vill and P.O.-NCHAP, Dist-Saran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate Mr. Shashi Kumar, Advocate Mr. Ravi Kumar, Advocate For the Respondent/s :

Mr.Vinay Kirti Singh, Sr. Advocate Mr. Vijay Kr. Verma, Advocate Mr. Akhileshwar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-08-2019 Heard learned counsel for the parties.

The petitioner claims that her husband was employed by M/s Umesh Engineering for working as Electrician for North Bihar Power Distribution Company Limited (Chapra Division) (hereinafter referred to as 'the Company'). He died while

Patna High Court CWJC No.17083 of 2019(2) dt.21-08-2019 2/3 discharging his duties on 03.07.2016 out of electrocution. According to petitioner, she was entitled for due compensation in terms of the policy of the Company, as contained in letter dated 24.02.2016.

Petitioner is said to have approached the General Manager, Human Resource Department of the Company seeking payment of due compensation.

Learned Senior Counsel appearing on behalf of the Company, on the other hand, has resisted the petitioner's claim and has submitted that the petitioner's husband was not an employee of the Company and any decision on payment of compensation is to be taken by a Committee constituted by the Company headed by General Manager, Human Resource and Administration.

Considering the facts and circumstances and the nature of dispute, which the petitioner has raised, this application is disposed of with a direction that let the Committee constituted by the Company consider such claim and take a decision on the question of payment of compensation within three months from the date of receipt/ production of a copy of this order.

It is made clear that the petitioner shall be at liberty to

Patna High Court CWJC No.17083 of 2019(2) dt.21-08-2019 3/3 invoke the provisions of Workmen's Compensation Act, 1923 for redressal of her grievance.

(Chakradhari Sharan Singh, J) Rajesh/- U