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Supreme Court of India 2023-09-26 dismissed

MUMBAI vs BHAVNABEN DINSHBHAI BHABHOR

Bench: 2 — B.V. Nagarathna, Manoj Misra

In Brief

A railway constable of the Railway Protection Force (RPF) died in an employment accident on 23 April 2008. His widow and heirs claimed compensation under the Employees Compensation Act, 1923. The railway authority contended that since the RPF was declared an "Armed Force of the Union," members were excluded from the Act's definition of "workman." The Supreme Court held that despite this declaration, the Act applies to RPF members as railway servants. The legislative intent to preserve the 1923 Act's benefits was evident from its omission from restrictions imposed on other Acts, and from the 1989 Act's express saving of compensation rights under the 1923 Act. The appeal was dismissed and compensation upheld.

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Workmen's Compensation Employees Compensation Act, 1923 Railway Protection Force Armed Forces Statutory Interpretation Social Welfare Legislation Industrial Law Railway Servants Compensation Claims Legislative Intent

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