SRIVILLIPUTTUR
April 3, 2017 was the most unfortunate day for Lakshmi and her minor son and daughter, when the sole breadwinner of the family, G. Pandian, a mason, had a fall while at work for a private individual in Sivakasi.
Pandian was rushed to a private hospital in Madurai. However, he did not respond to treatment and succumbed to injuries two days later. The poor family was magnanimous in donating the organs of their beloved head of the family.
Ms. Lakshmi filed a petition, seeking assistance from the Department of Labour. However, she got a shock of her life when the petition was rejected.
The reason given was: As per Government Order 157 for compensation assistance could be given only for death of the worker taking place at the work spot.
In this case, the death had occurred at the hospital. Later, the family approached the District Legal Services Authority. Its chairperson and Principal District Judge A. Muthusaratha found an inherent flaw in the G.O. She wrote to the State government seeking amendment to the G.O. claiming that it was against the Constitution and also against natural justice.
“It is only but natural that any person who requires a medical assistance will be rushed to hospital,” she said. She argued that the victim, in this case, had the right to get the assistance though his death was at hospital.
Consequently, the State government amended G.O. 157 with G.O. 91 and the petition by Ms. Lakshmi was reconsidered and ₹5 lakh was awarded as assistance.
At the legal services awareness meeting held for workers of unorganised sector here on Monday, Judge Muthusaratha handed the cheque to the family members.
Secretary of Legal Services Authority K. Mariappan, and Assistant Commissioner (Social Security Scheme) Thiruvalluvan were present.
