BANGALORE ELECTRICITY SUPPLY COMPANY Vs. THIMMANNA

JUDGEMENT

(1.) Respondent No.1 before the trial Court has preferred this appeal challenging the judgment and award dtd. 8/12/2016 passed in ECA No.401/2014 on the file of the VIII Additional Small Cause Judge and XXXIII ACMM, Member-MACT, Bengaluru, contending that the appellant is not liable for compensation.

(2.) The dispute is with regard to the relationship between the employer and employee and that is to be decided by this Court in this petition. During the course of the argument, learned counsel for respondent No.1 filed an application under Order XLI Rule 27 of CPC for production of additional documents. It is an endeavor made by respondent No.1 that there is relationship of the employer and employee between the appellant and respondent No.1 and to establish the same through documents respondent No.1 has sought to produce the documents as additional evidence.

(3.) This Court is of the opinion that since there is a disputed fact that arises regarding relationship of the employer and employee coming within the definition of Workmen Compensation Act and in view of the decisions laid down by the Hon'ble Supreme Court and this Court, this disputed fact is to be adjudicated by the trial Court. Therefore, the matter is required to be remanded to the trial Court for fresh consideration in accordance with by setting aside the impugned judgment and award, in any event the parties are at liberty to adduce any further evidence either oral or documentary or both if they are so advised. Hence, I proceed to pass the following: