Kerala High Court orders Industrial Tribunal to initiate compensation proceedings after night-watchman murdered on job

The Kerala High Court recently initiated a suo motu petition to ensure that cases of death, injury or murder during the course of employment is brought to the notice of the Commissioners and Industrial Tribunals so as to provide monetary relief to victims' families..A Division Bench of Justices K Vinod Chandran and Ziyad Rahman AA registered the petition while passing orders in a case relating to the murder of a night- watchman.The Court noted that the Industrial Tribunals, appointed as Commissioners under the Employees Compensation Act, 1923 do not have the industrial machinery to initiate proceedings or even get information of "such accidental deaths" having occurred. It therefore initiated suo motu proceedings on that aspect..The Court in its order also highlighted the plight of night-watchmen who are ill-equipped and stake their lives to do their job."The 'night-watchmen' are a lot, generally ill equipped and ill-paid, who often stake their lives to offer nothing more than a sense of security to those, whose property they watch over. Little resistance can be offered to a concerted robbery by the sole emaciated man, we often see armed with a smouldering mosquito coil on the veranda of shop rooms; where they spent the night guarding over the effects of a man or woman slumbering in their opulent homes, on soft beds," the judgment said. .When such a night watchman is killed on the job but the accused are acquitted, the families often have no recourse to avail compensation, the Court noted..In the instant case, several persons who were accused in the murder of a night-watchman who was guarding a jewellery store, had moved the High Court against their conviction by the lower court.The High Court acquitted them as it found that the prosecution had miserably failed to establish any circumstance against the appellants. .However, before disposing the matter, the Court felt it was imperative to address the issue of the poor security guard who was murdered..The Court referred to the judgement of the Supreme Court in Rita Devi v. New India Assurance Co.Ltd., and held that since night-watchman was killed in the course of a robbery committed at his place of employment, it is to be considered an accident."In the present appeal, the victim, the night watchman was killed in the course of a robbery, but the accused arraigned have been acquitted by us in the appeal since there is no evidence to find them guilty. That does not detract from the fact that the night watchman was killed in the course of a robbery committed in the establishment. Hence, the murder caused in furtherance of the other felonious act of robbery is an 'accident', which is also in the course of the employment as a night-watchman", the Court said. .As such , the Court deemed it fit to direct the Industrial Tribunal, notified as Commissioner under Section 20 of the Employees Compensation Act, to initiate proceedings under Section 10-A against the employer of the deceased. .The Court considered the provisions of the Kerala Victim Compensation Scheme, 2017 which says that a maximum amount of ₹2 lakh can be granted as compensation for the death of an individual. The computation of the amount has to be made by the District Legal Services Authority..It also took note of the provisions of the Employees Compensation Act, 1923 wherein the Commissioner designated can suo motu, under Section 10-A, proceed against the employer on a death reported under the Employees Compensation Act. Moreover, as per the Act, Industrial Tribunals are notified as the Commissioner, the Court observed..The Court held that it is undeniable that the victim in this case was killed over the course of his job.Therefore, it directed the Industrial Tribunal, Kollam, the notified Commissioner in this case, to initiate proceedings. It also directed the tribunal to consider the question of limitation under the proviso to Section 10 of the Act, after hearing the employer and keeping in mind the special circumstances under which the dependent family was not aware of the remedy.Noting the lack of administrative machinery for the Commissioners notified, the Court raised a suo motu writ petition on this aspect. .[Read Judgment]