SUSHIL GOYAL Vs. LUCKSON SIDDIQUE

JUDGEMENT

(1.) By this first appeal filed under Section 30 of the Workmen's Compensation Act, 1923 challenge is laid to the judgment of the Employees Commissioner dated 20.5.2010 by which the Commissioner allowed the compensation claim filed by respondents herein, and who were the legal representatives/dependents of the deceased workman Sh. Aftab Alam.

(2.) The Commissioner by the impugned judgment has upheld the relationship of employer and employee between the appellant/employer (respondent before the Commissioner) and the deceased Sh. Aftab Alam who on 12.7.2007 was working as the supervisor/operator while discharging his duties under the electricity pole at B-2521, DSIDC Industrial Area Narela, Delhi. The deceased Sh. Aftab Alam died because an iron pipe hit the electricity line and the same resulted in electrocution of Sh. Aftab Alam, who died on the spot. An FIR bearing no. 384/2007 was also registered with the Police Station at Narela, Delhi under Section 304A IPC.

(3.) Appellant admitted that the deceased Sh. Aftab Alam was his workman, however, it was claimed that the appellant was not liable, but that the liability was of ESIC. The argument urged on behalf of the appellant is crystallized in the admission order of this appeal on 13.10.2011 and which reads as under :