The Hindu : Front Page : Dead forest guard's family to get compensation

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Sunday, Oct 01, 2006
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Dead forest guard's family to get compensation

Mohamed Imranullah S.

MADURAI: P. Ganesan (since dead), a forest guard on the Mayiladumparai beat of the Gandamanur range in Madurai Division, was compulsorily retired from service on September 22, 1987. The reason: He was afflicted with tuberculosis and also suffered loss of vision.

But, Ganesan was denied pension as he had put in only eight years of service against the minimum requirement of 10 years. His request for reappointment was rejected because he was not physically fit.

After exhausting all other remedies, he filed a claim petition under the Workmen's Compensation Act, 1923. Allowing the petition, the Deputy Commissioner of Labour on March 15, 1994 awarded Rs. 95,789.

The District Forest Officer (DFO) challenged the award before the State Administrative Tribunal and obtained interim stay. Ganesan died on February 3, 1999 and his legal heirs were included as parties in the case. Even as it was pending, the tribunal was abolished and the case transferred to the Madurai Bench of the Madras High Court as a writ petition. The DFO contended that the Forest Department was not an industrial establishment and hence the family of the deceased was not entitled to compensation.

However, Justice N. Paul Vasanthakumar said he did not find any illegality in the order passed by the Deputy Commissioner of Labour. He felt the amount awarded was not excessive and directed the Forest department to pay the amount with six per cent interest from the date of compulsory retirement to Ganesan's family.

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