Mariam Philip v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2023
CORAM
THE HONOURABLE MRS. JUSTICE R. HEMALATHA Mariam Philip ... Petitioner Vs.
1.The Secretary to Government, Government of TamilNadu, Public Works Department, Fort St.George, Chennai - 9.
2.The Superintending Engineer, Building Maintenance, Public Works Department, Chepauk, Chennai - 5.
3.The Superintending Engineer, Electrical Circle, Public Works Department, Chepauk, Chennai - 5.
4.The Deputy Commissioner of Labour-I, D.M.s.Compound, Teynampet, Chennai - 6.
(E.C/W.C.No.91/2012) ... Respondents 1/5
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay and disburse the compensation to the petitioner in terms of the Award dated 05.03.2021 passed by the fourth respondent in W.C.No.91/2012. For Petitioner : Mr.V.Ezhilan For Respondents : Mr.D.Gopal Government Advocate
ORDER
The present petition is filed for issuance of Writ of Mandamus, directing the respondents to disburse the compensation awarded to the writ petitioner in W.C.No.91/2012 passed by the Deputy Commissioner of Labour-I, Chennai.
2.The petitioner's son died in an accident while he was working in the demolition project at the MLA Hostel at Omandurar, Government Estate Complex, Chennai and later succumbed to injuries in the hospital. His mother the present writ petitioner filed a petition in W.C.No.91/2012 under Section 22 of the Employees' Compensation Act, 1923 before the Deputy Commissioner of Labour-I, Chennai, seeking compensation and the said petition was allowed directing the respondents to pay a sum of 2/5
Rs.7,21,040/- to the petitioner. The grievance of the writ petitioner is that despite the orders passed by the Deputy Commissioner of Labour-I, Chennai, the respondents have not taken steps to disburse the amount of Rs.7,21,040/-.
3.Mr.D.Gopal, learned Government Advocate would contend that the Executive Engineer, Public Works Department had sent a communication to the Superintending Engineer bearing Letter No.tgp/(epv2)/67/2023 dated 12.10.2023 to the second respondent stating that the amount awarded by the Deputy Commissioner of LabourI, Chennai, can be disbursed with interest @ 12% per annum which comes to around Rs.18,52,385/-. According to him, the department is in the process of disbursing the said amount.
4.Recording the said submission, the Writ Petition is disposed of, with a direction to the respondents to disburse the amount within a period of four weeks from the date of receipt of a copy of this order. No costs.
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To 1.The Secretary to Government, Government of TamilNadu, Public Works Department, Fort St.George, Chennai - 9.
2.The Superintending Engineer, Building Maintenance, Public Works Department, Chepauk, Chennai - 5.
3.The Superintending Engineer, Electrical Circle, Public Works Department, Chepauk, Chennai - 5.
4.The Deputy Commissioner of Labour-I, D.M.s.Compound, Teynampet, Chennai - 6.
4/5
R. HEMALATHA, J.
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