The central legal point established in the judgment is the emphasis on the successful implementation of the Employees Compensation Agreed Procedure for timely payment of compensation to the victims of accidents within 90 days of the accident.

1. Mr. Rahul Mehra, learned Standing Counsel for Government of NCT of Delhi submits that five posts of Joint Labour Commissioners have been filled up, out of which four officers have already joined and one officer would be joining shortly. It is further submitted that two officers are already dealing with the Employees Compensation Act cases. It is submitted that the entire backlog is expected to be cleared by 29th February, 2016.

2. With respect to the fresh cases, the DCP (Railways) had submitted a report dated 03rd September, 2015 along with the format of the Employee Accident Report (EAR).

3. Mr. Anup J. Bhambhani, learned amicus curiae submits that the relevant provisions of the “Claims Tribunal Agreed Procedure” formulated by this Court in Rajesh Tyagi v. Jaibir Singh, I (2015) ACC 838(Del.) be incorporated in the cases relating to the employees compensation. It is further suggested that the procedure relating to the Employees Accident Report (EAR) be implemented initially for a period of six months.

4. The Delhi Police and the Commissioners, Employees’ Compensation, shall start the implementation of Employee Accident Report (EAR) w.e.f. 01st December, 2015 initially for a period of six months. The Delhi Police as well as Commissioners, Employees Compensation Act shall submit a report with respect to the functioning of this system for the first three months i.e. 01st December, 2015 to 29th February, 2016. The report be submitted by 10th March, 2016 whereupon this Court shall consider whether this procedure requires any modification/variation. The detailed procedure is as under:

“EMPLOYEES COMPENSATION AGREED PROCEDURE

1. Investigation of accidents arising out of and in the course of cases by the police

Immediately on receipt of the information of an accident, the Investigating Officer of Police shall inspect the site of accident, take photographs of the site of the accident from all angles, prepare a site plan and collect the relevant evidence. The Investigating Officer shall conduct spot enquiry by examining the eye-witnesses.

2. Duty of the police to complete the investigation of the criminal case and to file the chargesheet (Report under Section 173 Cr.P.C.) before the Metropolitan Magistrate and EAR along with copy of the chargesheet before the Commissioner, Employees’ Compensation within 30 days

The police shall make every endeavour to complete the investigation of the criminal case and shall submit the Employee Accident Report (EAR) with the Commissioner, Employees’ Compensation within 30 days of the accident. The EAR shall be in the form attached hereto as Annexure-A and shall be accompanied with the documents mentioned therein.

3. Copy of EAR to be furnished to the claimants, employer and the insurance company.

The Investigation Officer shall furnish the copy of EAR to the employee/legal representatives of the deceased employee, employer and the insurance company (if the employer had taken an insurance policy).

4. Extension of time to file EAR

Where the Investigating Officer is unable to complete the investigation within 30 days for reasons beyond his control, he shall seek extension of time to file EAR from the Commissioner, Employees’ Compensation.

5. Duty of the hospital to issue MLC and Post-mortem Report within 15 days of the accident

The concerned hospital shall issue the MLC and Post-Mortem Report, if any, to the Investigating Officer within 15 days of the accident.

6. Investigating Officer to seek necessary directions from the Commissioner, Employees’ Compensation

In the event of failure of the employer, Insurance Company and/or claimants to disclose the relevant information and documents required to complete the EAR, the Investigating Officer shall seek necessary directions from the Commissioner, Employees’ Compensation whereupon the Commissioner shall, in appropriate cases, direct the parti