Point of Law: Bail application Rejected - Leakage of question paper through WhatsApp messager - Petitioner poses "flight risk" in sense that if released on bail he may again flee from justice which would ultimately delay or frustrate trial of case - Besides petitioner may also tamper with witnesses and other evidence of case, as he is an influential man.

JUDGMENT :

Special Scheme for Employees Compensation Cases

1. Employee’s Compensation Act, 1923 was enacted to provide compensation to the workers who suffer injury(ies)/fatal injury(ies) during the course of their employment. Employee’s Compensation Act is a social beneficial welfare legislation for the benefit of the workmen. Section 25A of the Employee’s Compensation Act provides for expeditious disposal of a compensation case within a period of three months.

2. Vide order dated 14th September, 2015, this Court called for the details of the pending cases under Employee’s Compensation Act whereupon the State filed the status report according to which 1195 cases of Employee’s Compensation were pending as on 01st September, 2015 and only two officers were dealing with those cases.

3. Vide order dated 22nd September, 2015, this Court directed the Government of NCT of Delhi to expedite the hearing and disposal of 1195 cases of Employee’s Compensation by 31st December, 2015. Pursuant to the directions issued by this Court, Government of NCT of Delhi appointed 17 officers to deal with the Employee’s Compensation and 1118 (94% cases out of 1195 cases) pending as on 01st September, 2015 were disposed of by 27th May, 2016. Government of NCT of Delhi approved the proposal of the Labour Department for creation of 13 posts of Joint Labour Commissioner (Legal) to be filled up on deputation basis in addition to the officers already working in the cadre.

4. Vide judgment dated 28th October, 2015, this Court exercised the extra-ordinary writ jurisdiction to streamline and regulate the procedure for expeditious disposal of Employees Compensation cases and formulated the Employee’s Compensation Agreed Procedure for time bound settlement of employee’s compensation cases within 90 days to be implemented w.e.f. 01st September, 2015.

The Employee’s Compensation Agreed Procedure revolutionized the disposal of employee’s compensation cases in a time bound manner as the victims get the compensation within 90 days of the accident without the need of filing a claim application.

5. According to the Employee’s Compensation Agreed Procedure, the police files the Employee Accident Report (EAR) with the Commissioner, Employee’s Compensation within 30 days of accident. The police also completes the investigation of the criminal case and files the chargesheet (Report under Section 173 CrPC) before the Magistrate within 30 days. The copy of the EAR is furnished to the employee/dependant of the deceased employee, employer and the insurance company (if the employer had taken an insurance policy). The Investigating Officer produces the employee/legal representatives of the deceased employee, employer as well as the eye-witnesses before the Commissioner, Employee’s Compensation along with EAR. The Commissioner, Employee’s Compensation treats EAR as an information under Section 10A(1) of the Employee’s Compensation Act. The Insurance Company appoints a designated officer within 10 days of the receipt of EAR and process the EAR and submits the response before the Commissioner, Employee’s Compensation within 30 days. The Commissioner, Employee’s Compensation thereafter passes the award whereupon the amount is deposited within 30 days of the award.

6. Vide order dated 05th August, 2016, this Court directed the Delhi Police as well as Commissioners, Employee’s Compensation to file the status report with respect to the implementation of the Special Scheme for the six-month period from 01st December, 2015 to 31st May, 2016. Reference is made to para 3 of the order dated 05th August, 2016 which is reproduced hereunder:

“3. Para 4 of the order dated 28th October, 2015 is modified to the extent that the Delhi Police as well as Commissioner, Employees’ Compensation are directed to furnish the following data with respect to the implementation of the system for the period of six months i.e. 1st December, 2015 to 31st May, 2016:- By Delhi Police (i) Number of accidents reported to the