MGNREGA workers are not state employees for grant of compensation in death case: HC

The High Court of Himachal Pradesh has held that “persons engaged under MGNREGA cannot be considered in the employment of the state for claiming rights under the Workmen/Employees Compensation Act.”

While dealing with an appeal filed in this regard, Justice Vivek Singh Thakur observed that “once it is clear that a MGNREGA worker is not covered under the definition of the Employees Compensation Act and the Workmen Compensation Act, there is no right to claim compensation for the death of a person employed under MGNREGA or a scheme under it even if the said death has occurred during the course of employment.”

The court passed the order on an appeal filed by the surviving legal heirs of deceased Ramesh Chand, who was employed as labourer under MGNREGA. On February 7, 2009, while he was on duty during the course of his employment under MGNREGA and was doing work of cutting, a boulder fell on his chest. He was immediately shifted to a hospital, where he died.

Under aforesaid facts and circumstances, the claim petition was filed for the grant of compensation along with interest at the rate of 12 per cent per annum from the date of the accident till its realisation and the imposition of a penalty to the extent of 50 per cent, which was dismissed by the Commissioner. Aggrieved by the dismissal order, the legal heirs approached the High Court and filed the appeal.

While dismissing the appeal, the court observed that persons engaged under MGNREGA could not be considered to be in the employment of the state for claiming rights under the the Workmen/Employees Compensation Act.

Himachal Tribune