RAJEESH CONTRACTOR Vs. JAYA@BINDHU

JUDGEMENT

(1.) Loathe as this Court normally is in ordering remand of cases under the Employees Compensation Act for fresh consideration to the Employees Compensation Commissioner, this is a case which compels this Court to do so.

(2.) This appeal has been preferred by the first opposite party in E.C.C.257/2014, on the files of the Employees Compensation Commissioner (Industrial Tribunal and Employees Insurance Court), Kollam, as per which, he has been found liable to pay an amount of Rs.40,175/- to respondents 1 to 3 herein, who are the legal heirs of deceased Sri.Murugan, on the allegation that the appellant was the employer of the deceased at the time when the accident occurred. The appellant says that there is nothing on record or in evidence or in the testimony of the parties to conclusively show that he had employed late Murugan, and therefore, that the court below could not have mulcted him with the liability, as has been done in the impugned order. The appellant, therefore, prays that the impugned order be set aside.

(3.) I have heard Sri.T.G.Rajendran, learned counsel appearing for the appellant; Sri.Kiranlal, learned counsel appearing for respondents 1 and 2; Sri.Cibi Thomas, learned counsel appearing for respondents 3 and 4 and Sri.M.R.Sasith, learned counsel appearing for the 5th respondent, Secretary of the Chanthannoor Grama Panchayat.