AJAY SINGH LAL Vs. SOMWATI

JUDGEMENT

(1.) This appeal is directed against the order dated 31.10.2003 of the Commissioner, Workmen's Compensation in WCD/162/96 whereby the Commissioner had held the appellant herein to be principal employer and thereby foisted a joint liability upon him to discharge the award.

(2.) Brief facts of the case as noted by the Commissioner, Workmen's Compensation are as follows:-

(3.) Notices were served to the respondents and respondent No.1 in his reply has stated that he was not employer of the deceased. Respondent no.1 along with other labourers namely Bhanwar Singh, Puran Lal as well as the deceased Raju under took to do the installation work of stones in the premises of respondent no.2 and he was simply the co-worker with the deceased and he along with other co-workers remained under contractual employment of respondent no.2. It was the respondent no.2 who was responsible for making the payment towards the work done by them and it was the responsibility of the respondent no.2 to ensure the safety measures for the respondent no.1 including his co-workers. He has also stated that the premises in which the accident took place is belonging to respondent no.2 and on the date of accident I.e. 20-7-96 he was out of Delhi and had gone to Hindon, Rajasthan. He has further stated that the claim application has not been filed in accordance with the statutory provisions as contained in the Workmen's Compensation Act. No notice as required under the Act has been served upon the respondent no.1 and the application is also barred by the period of limitation. Respondent no. 1 along with his co-workers including the deceased Raju was used to get Rs.60/- per day for the installation work. The deceased Raju ws inhabitant of Rajasthan and a place near to the native place of respondent no. 1 and he brought him for the work in respect to premises owned by respondent no.2 and further under the employment of the respondent no.2.