Delhi High Court Constitutes Committee To Supervise Implementation Of Employee's Compensation Claims Scheme

The Delhi High Court has constituted a 6 member committee for supervising the implementation of the Special Scheme For Employee's Compensation Claims formulated by the Court to be implemented by the Commissioners of Delhi Police and Insurance Companies with effect from 2nd August, 2021.

A single judge bench comprising of Justice JR Midha constituted the Committee after the Court had substituted its earlier scheme namely Employee's Compensation Agreed Procedure formulated vide judgment dated 28th October, 2015 with the new scheme.

"The successful implementation of this Scheme requires strict compliance by Delhi Police, Insurance Companies as well as the Commissioners and a Committee is constituted to supervise the implementation of this Scheme and take remedial measures." The Court said.

The Committee shall comprise of the following members:

(i) Principal Secretary (Law, Justice & Legislative Affairs), GNCTD as Convenor.

(ii) Secretary-cum-Commissioner (Labour), GNCTD.

(iii) Member Secretary, DSLSA.

(iv) DCP - Legal Cell, Delhi Police.

(v) Ms. Nandita Rao, Additional Standing Counsel,GNCTD.

(vi) Mr. Akshay Chowdhary, Advocate.

The Court stated that the Government of NCT of Delhi shall bear the necessary expenditure for the functioning of the Committee. 

Moreover, the Commissioners of Employee's Compensation as well as the Delhi Police is directed to file quarterly reports before the Committee with respect to the compliance of the directions laid down by the Court.

"The Commissioner, Employee's Compensation shall also send the copies of all the awards passed during the quarter to the Committee along with their report. The first Report for the quarter 02nd August, 2021 to 31st October, 2021 be filed by 30th November, 2021 and thereafter by 30th of each quarter." The Court directed.

Directions to the Committee

- The Committee shall prescribe the format of the compliance reports which shall be circulated to the Commissioners, Employee's Compensation and the Delhi Police.

- The Committee shall consider the reports and take such remedial measures as may be considered necessary for the successful implementation of this Scheme.

-The Commissioners, Employee's Compensation shall expedite the adjudication of the claim cases and make an endeavour to decide these cases within the timelines mentioned in the flow chart attached to the judgment herein below. In the case of non-compliance of the directions of this Court, the Committee shall send their report to be placed in the personal file of the officer in default to be considered at the time of their promotion.

- If any modifications are considered necessary in this Scheme, the same shall be carried out by the Committee after hearing all the stakeholders. Any suggestion or grievance with respect to the working of this Scheme shall be considered by the Committee.

Features of the Special Scheme for Employee's Compensation Claims formulated by the High Court

The scheme lays down the procedure in respect of Investigation of Accidents in the course of employment by the Police.

It states that upon the receipt of the information of an accident, the Investigating Officer of Police shall inspect the site of the accident, take photographs of the site of the accident from all angles, prepare a site plan and collect the relevant evidence/documents especially relating to the proof of employment and last drawn salary of the employee.

Furthermore, In injury cases, the Investigating Officer shall also take the photographs of the injured in the hospital. He shall conduct an on the spot enquiry by examining the eye-witnesses.

It has also been stated that the police shall make complete the investigation and shall submit the Employee Detailed Accident Report (EDAR) with the Commissioner, Employee's Compensation within 30 days of the accident.

Furthermore, the Scheme also enumerates the duty of police to complete the investigation and to file a chargesheet, duty of hospital to issue MLC, duty of the Insurance Company to appoint a Designated Officer and Duty of employer or Insurance Company.

Title: THE NEW INDIA ASSURANCE CO.LTD. v. PURAN LAL & ORS

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