Commanding Officer, Railway Protection Special Force, Mumbai vs. Bhavnaben Dinshbhai Bhabhor & Ors. (SC)

Workmen’s Compensation Act, 1923–Railway Protection Force Act, 1957–Sec. 19–Railways Act, 1989–Secs. 124 & 124A–Death of employee of Railway Protection Force–Compensation under the provisions of Act of 1923–Permissibility–The explanation to Sec. 124 & 124A provides that for the purposes of the Section “passenger” includes a railway servant on duty–However, Sec. 128 saves the right of any person to claim compensation under the WC Act or any other law for the time being in force–The Act of 1923 provides for payment by certain classes of employers to their workman, compensation for injury by accident–Provisions of the 1923 Act would continue to apply to a member of the RPF as he does not belong to any those categories specified in Schedule II of the Act–Held, there is no exclusion of the applicability of the provisions of Act of 1923–Further held, the claim under the provisions of Act of 1923 cannot be held to be not maintainable on the ground that the alternative remedy u/ss. 124 & 125 was available to claimants–Claim petition was rightly allowed.