ORDER Mr. Kuldip Singh, J.
1. This appeal is sequel to an accident which took place on December 27, 1975 in Chasnala Colliery of the Indian Iron & Steel Co. Ltd. In the tragedy 270 workmen whose heirs were before the Labour Court, died in the accident. Immediately after the tragedy a sum of Rs. 10,000 each was given to the families of these 270 workmen. Later on the claims of the heirs in terms of the Workmen's Compensation Act were adjudicated and each of them were allowed certain amount by the authority, under the said Act. The appellant before us, a widow of one of the workmen who died in the tragedy, was awarded Rs. 21,600. After deducting Rs. 10,000 which was paid at the time of the accident, a sum of Rs. 11,600 was paid to the appellant. The appellant filed an application before the Workmen's Compensation Commission, Dhanbad that the Deduction of Rs. 10,000 out of the compensation amount of Rs. 21,600 was illegal. The Commissioner referred the matter along with 269 other cases to the Presiding Officer, Labour Court, Bokaro Steel City for adjudication. The Labour Court dealt with 270 cases in an elaborate judgment and came to the conclusion that the deduction of the amount of Rs. 10,000 from the compensation amount of each of the workmen was justified. This appeal by way of special leave is against the order of the Labour Court as upheld by the High Court. The writ petition filed by the appellant was dismissed by the High Court in limine.
2. We have heard Mr Dipankar Gupta, learned Solicitor General. There is considerable plausibility in the contentions raised by him but in the facts and circumstances of this case we are not inclined to agree with him. We do not wish to go into the question as to whether the Management rightly deducted Rs. 10,000 from the compensation amount or not. Keeping in view the ghastly tragedy and the misery which must have fallen on the family of the deceased workmen, we are of the view that the deduction made was wholly unjustified. We therefore set aside the impugned order of the Labour Court and the High Court and direct the Management to pay a sum of Rs. 10,000 to each of the workman's heirs/family with 12% interest from January 1, 1983. The Management will calculate the amount payable to each of the heirs/family and make payment, within 6 months from today. The appeal is allowed in the above terms. No costs.