An ‘employee’ covered under ‘MGNREGA’ is not entitled to claim compensation under Employee’s Compensation Act, 1923

Tripura High Court: A Single Judge Bench of  S. Talapatra J., addressed a petition seeking claim under the Employee’s Compensation Act, 1923 by stressing upon the categories of employees constituted under the definition of ‘employee’ under Section 2(dd) of the said Act.

The deceased for whom the compensation was being claimed by the appellant was an employee working under the ‘MGNREGA’ scheme. The Appellant has claimed the compensation under Section 4 of the Employee’s Compensation Act, 1923 stating that her husband died in the course of the employment as he suffered from chest pain during the time he was working on the land under the ‘MGNREGA’ scheme.

The Commissioner of Employee’s Compensation further in regard to providing clarity on the point of whether the employee was entitled to claim compensation under the above-referred act observed the definition of ‘employee’ under Section 2(dd) of the Employee’s Compensation Act, 1923, and in accordance to that in his opinion an employee under the scheme of ‘MGNERGA’ will not be covered under the said definition of ‘employee’ under the said Act.

Therefore, the Hon’ble Court, concluded by appreciating the submissions of the learned counsel of the parties along with no discrepancy on the submissions placed by the Commissioner of Employee’s stated that there is no material found which could cover the deceased under the definition of ‘employee’ in Section 2(dd) of the Employee’s Compensation Act, 1923 which lead to the dismissal of the appeal. [Rirasatnai Halam v. State of Tripura,2018 SCC OnLine Tri 115, order dated 12-06-2018]

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