RPF personnel can considered as ‘workmen’ for compensation purposes: SC
Last Updated on October 3, 2023 by News Desk
Issue:- The appeal was filed by a commanding officer of the Railway Protection Forces, whereby it challenged the order of the Gujarat HC, which had upheld the compensation awarded by the workmen compensation commissioner, to the kin of a constable, who had died on duty.
Analysis:- Justice Manoj Mishra said that the question of consideration was whether an RPF constable would be treated as a workman under the act even though he is a part of the armed forces.
The court said that there was no legislative intent to exclude the RPF constables from the compensation benefits which are due to them under the Railways Act
The court observed that the issue under the act was that the compensation cannot be claimed more than once and in the instant case, the wife of the respondent had not claimed the compensation for the same accident twice.
Therefore, the claim made by the wife was maintainable.
Judgment:- It was ruled by the SC Railway Protection Force personnel can be treated as workmen even though they are and therefore can claim compensation for the injuries suffered on duty under the Employees Compensation Act 1923.
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)