OM PRAKASH Vs. COMMISSIONER, EMPLOYEE COMPENSATION

JUDGEMENT

(1.) The petitioners have challenged the order dated 23rd December, 2013 passed by the Commissioner, Employees' Compensation and the recovery proceedings initiated in pursuance thereto.

(2.) This case relates to the accident dated 14th October, 2012. The petitioners were constructing a tin shed/godown at property bearing Kh No. 361, Pipeline Road, Near Tata Dharam Kanta, Alipur, Delhi through a contractor. During the course of the construction, the wall collapsed which resulted in death of two labourers, namely, Pintoo and Shravan and injury to one named Mithilesh Kumar. This accident was reported in Dainik Jagran and Punjab Kesari newspapers on 15th October, 2012. The Commissioner, Employees' Compensation received a letter dated 22nd April, 2013 from National Human Rights Commission with respect to the above accident whereupon he issued notice dated 31st May 2013 under Section 10A of the Employees Compensation Act to the petitioners.

(3.) The petitioners appeared before the Commissioner, Employees' Compensation and submitted the reply in which they stated that respondent No.2 is the owner of the subject property and he authorized the contractor Suresh to construct the tin shed/godown in their property; the contractor engaged the labourers and agreed to bear the liability of any mis-happening during the construction work; and the contractor gave an affidavit dated 23rd May, 2012 to the petitioners in this regard. The Commissioner, Employees' Compensation issued the notice to the contractor, Suresh, who appeared on 18th December, 2013 and submitted the reply in which he stated that he was working as a Mistri with petitioner No.2 and he did not give any signed document to the petitioner.