(Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari calling for the records relating to the impugned order passed by the first respondent dated 08.09.2023 in EC.IA.No.15 of 2020 in unnumbered EC of 2023 and quash the same as illegal.)

1. This Writ Petition has been filed seeking the issuance of a Writ of Certiorari to call for the records relating to the impugned order passed by the first respondent dated 08.09.2023 in E.C.I.A.No.15 of 2020 in unnumbered E.C. of 2023 and quash the same as illegal.

2. Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the first respondent and the learned counsel appearing for the second respondent.

3. The learned counsel appearing for the petitioner submitted that the petitioner is engaged in the manufacture of paper boards. One Krishnasamy, who was employed under the petitioner, died on 23.06.2010 during the course of employment. According to the petitioner, the death occurred due to the own fault and negligence of the deceased. Thereafter, respondents 2 to 6, who are the legal heirs of the deceased, filed I.A.No.15 of 2020 seeking condonation of delay of 2962 days in filing the claim petition under the Employees' Compensation Act, 1923. The first respondent, by the impugned order dated 08.09.2023, allowed the said application. However, the first respondent has not dealt with the issue relating to the entitlement of interest for the delayed period. Challenging the said order, the present Writ Petition has been filed.

4. The learned counsel appearing for the petitioner submitted that, under the provisions of the Employees' Compensation Act, 1923, the Employees' Compensation Commissioner has no power to condone an inordinate delay beyond the prescribed period. Therefore, condoning the delay of 2962 days is not sustainable in law. Hence, the learned counsel prayed for allowing the Writ Petition.

5. Per contra, the learned counsel appearing for the second respondent submitted that the respondents 2 to 6 are illiterate persons. Due to lack of proper legal advice, they could not file the claim petition within the prescribed period. It is further submitted that the Employees' Compensation Act is a beneficial legislation intended to provide compensation to the dependants of a deceased employee and that the proviso to Section 10(1) of the Employees' Compensation Act empowers the Commissioner to entertain a claim even beyond the prescribed period, if sufficient cause is shown. The first respondent, after being satisfied with the reasons stated, exercised the discretionary power and condoned the delay. Therefore, the same does not warrant interference by this Court.

6. The learned Additional Government Pleader appearing for the first respondent submitted that the issue involved in the present Writ Petition is only with regard to the power of the Employees' Compensation Commissioner to condone the delay in filing the claim petition.

7. A similar issue was considered by this Court in W.P.(MD) No. 17139 of 2013, dated 03.04.2018 (Srikanthan Vs. The Commissioner of Workmen's Compensation-cum-Deputy Commissioner of Labour-I and others), wherein this Court held that applications seeking condonation of delay in compensation claims are to be considered liberally, particularly when the claimants are the legal heirs of the deceased employee who have suffered the loss of the breadwinner of the family. It is further held that the proviso to Section 10(1) of the Employees' Compensation Act makes it clear that the Commissioner may entertain and decide any claim for compensation, notwithstanding that the notice has not been given or the claim has not been preferred within the prescribed time, if the Commissioner is satisfied that the failure was due to sufficient cause.

8. In the present case, the first respondent, after considering the reasons stated by the claimants, exercised the discretionary power vested under the Act and condoned the delay. This Court does not find any perversity or illegality in the said order warranting interference under Article 226 of the Constitution of India.

9. However, considering the fact that the accident occurred on 23.06.2010 and nearly 15 years have elapsed, directing the parties to undergo further proceedings before the Employees' Compensation Commissioner would only result in further delay and cause hardship to the legal heirs of the deceased employee. The death of the employee during the course of employment is not in dispute. The question of negligence is not relevant for determining compensation under the Employees' Compensation Act, as the compensation is calculated based on the statutory formula prescribed under the Act.

10. In view of the undisputed facts and circumstances of the case, this Court, in exercise of its jurisdiction under Article 226 of the Constitution of India, deems it appropriate to determine the compensation payable to the legal heirs of the deceased employee.

11. At the relevant point of time, as per Notification S.O.1258(E) dated 31.05.2010, the monthly wage prescribed was Rs.8,000/-. The deceased employee was aged about 25 years at the time of accident and the relevant factor applicable is 216.91. Accordingly, the compensation is calculated as follows:

                   Monthly wages : Rs.8,000/-

                   50% of monthly wages : Rs.4,000/-

                   Relevant factor : 216.91

                   Rs.4,000 x 216.91 : Rs.8,67,640/-

                   Funeral expenses : Rs.5,000/-

                   Total compensation payable : Rs.8,72,640/-

12. However, considering the delay of 2962 days in filing the claim petition, the respondents 2 to 6/legal heirs of the deceased employee shall not be entitled to interest for the said delayed period. The respondents 2 to 6 shall be entitled to interest at the rate of 6% per annum after the expiry of 30 days from the date of accident, excluding the period of 2962 days, till the date of payment.

13. Accordingly, the Writ Petition is disposed of with a direction to the petitioner/employer to deposit the compensation amount of Rs.8,72,640/- along with applicable interest, excluding the period of 2962 days as stated above, before the first respondent within a period of eight (8) weeks from the date of receipt of a copy of this order. On such deposit, the first respondent shall disburse the amount to the legal heirs of the deceased employee in accordance with law. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.