LATHA Vs. T.V. SAHADEVAN

JUDGEMENT

(1.) This Appeal has been filed under Sec. 30 of the Employees Compensation Act by the Applicants in E.C.C. No.109/2014 (WCC No.30/2009 on the file of the Employees Compensation Commissioner (Industrial Tribunal), Idukki against the Order, dtd. 24/11/2015. The Appellants are the dependents of one Babu @ Michle, who was an electrician by profession who died as a result of electrocution in the incident that occurred on 21/9/2006. Late Babu used to provide light and sound for small programmes in and around Elappara. On 21/9/2006 the Respondents engaged him for some programme of SNDP Yogam, Kozhikkanam Branch. Respondents 1 & 2 were the Office-bearers of SNDP Yogam. While Babu was throwing the cable for connecting the mike set, across the telephone post, the cable came in contact with the 11 KV electric line and as a result of which, he got electrocuted and succumbed to the injuries. The Employees Compensation Commissioner dismissed the claim on the ground that the deceased was a contractor and not a Workman. Aggrieved by the above order, they have preferred this Appeal raising various grounds.

(2.) According to the Appellants, the finding of the Commissioner that Babu was not an Employee coming under Sec. 2(1)(dd) of Employee's Compensation Act, 1923 (in short, Act 8 of 1923) is not correct. He cannot be treated as a Contractor. At the most, he can be considered as a petty Contractor. Even then, the Appellants are entitled to get Compensation from the Respondents. According to them, Act 8 of 1923 being a social security and welfare legislation, it should not be interpreted narrowly to deny Compensation to the Employee. Therefore, the Appellants prayed for setting aside the impugned Order passed by the Employees Compensation Commissioner and to allow the Claim Petition.

(3.) At the time of argument, the Respondents did not turn up. The point that arise for consideration is the following: Whether a person engaged in hiring mike set for rent is an Employee coming within the purview of Sec. 2(1)(dd) of the Employees Compensation Act, 1923 ?