G M BHASKARACHARYA Vs. DEPUTY COMMISSIONER TUMKUR

JUDGEMENT

(1.) Petitioner while working for the Government during the Dasara Exhibition of 1982, suffered injuries while painting, what he has described as 'tabuloes'. (I could not find such a word in Concise Oxford Dictionary). He claims to be an artist and his allegation is that he has not been paid either the compensation for the injuries suffered by him while working or given the reward whatsoever for work he had done. In that circumstance, he has approached this court for the relief inter alia for a direction to the respondents to pay him compensation to the injuries sustained in the course of his employment while preparing tabuloes during the year 1982 Dasara Exhibition for the respondents.

(2.) On his own admission, he claimed compensation under the provisions of the Workmen's Compensation Act before the commissioner appointed under the said Act. The commissioner dismissed the claim inter alia on the ground that there was no employer and employee relationship between the petitioner and the respondent, State of Karnataka. That decision of the commissioner is pending in appeal in this court in M.F.A. No. 731 of 1986.

(3.) The question of payment of compensation will depend upon the finding recorded in the appeal in regard to the relationship of employer and employee in aforementioned miscellaneous first appeal and this court, cannot encroach on that jurisdiction of this court, under Article 226.