CHENNAI: Temple is an “establishment” and hence its employees who die while on duty are entitled to compensation as workmen, ruled Madras high court, confirming the decision of the joint commissioner of labour.The Arulmigu Theertha Paleswarar Thirukoil in Triplicane engaged a private security firm to secure its premises. After security guard Babu died while on duty, his family approached the labour department for compensation. The joint commissioner of labour upheld their request, and the temple administration moved the high court against it.Justice K Surender passed the order while dismissing an appeal moved by the temple management against the order passed by the labour commissioner dated July 28, 2022.“The fact that the deceased was engaged and paid by a private security firm may be relevant for determining the ultimate liability and the quantum of compensation. However, the same would not, at this stage, render the claim proceedings non-maintainable. In such circumstances, this court finds no ground to interfere with the order passed by the labour commissioner,” the court said.Since the claim proceedings relate to 2021, the labour commissioner shall expedite the proceedings and conclude the determination of the claim on merits and in accordance with law, preferably within six weeks, the court added.According to Babu’s widow B Sridevi, he was working as a security guard on the temple premises. On July 17, 2021, when he was guarding the temple premises at night, certain miscreants entered the temple premises with an intention to commit theft. When Babu attempted to prevent the theft, he was attacked by the miscreants. He sustained grievous injuries on his head and succumbed to the injuries, she said. Therefore, she preferred a claim before the labour commissioner seeking compensation against Meena Security Service, contending that the deceased was employed by them as a security guard and was paid a monthly salary of Rs10,000.The temple had disputed its liability and contended that the deceased was employed only by Meena Security Service and that the temple would not fall within the definition of an establishment contemplated under the Employees Compensation Act.
