BHUTABHAI ANGADBHAI Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) This appeal arises out of the judgment and award dated 18 passed by the learned Commissioner of Workmen Compensation Junagadh in Workmen Compensation Case No. 31 of 1984 filed by the parents (appellants herein) of deceased Anilkumar who died on 1 due to the injuries sustained by him on account of electric shock which he received while he was doing the work of painting the electric pole on 30-5-1982 near Dolatpura Sub-Station belonging to the Gujarat Electricity Board (Respondent No. 1) (hereinafter referred to as the Board).

(2.) The appellants claimed Rs. 90 0 as compensation against the Board who is the owner of the said sub-station and electric pole as also against its Executive Engineer (Transmission) at Dhoraji (Respondent No. 2) and one Khakha Hamir Labour Contractor of the Board (Respondent No. 3). The Commissioner of Workmen Compensation Junagadh (hereinafter referred to as the Commissioner) by his aforesaid judgment and order awarded an amount of Rs. 24 0 as compensation and Rs. 12 0 as penalty totalling to Rs. 36 0 with interest and costs only from Respondent No. 3-Contractor and rejected the claim of the appellants-claimants against the Board and its Executive Engineer (Respondents Nos. 1 and 2). Being aggrieved by the said judgment and award the appellants (parents of deceased Anilkumar) have filed this appeal and prayed that the award may also be passed against Respondents Nos. 1 and 2.

(3.) The question that arises for our consideration is whether deceased Anilkumar who was engaged for doing the work of painting the electric poles of Dolatpura Sub-Station belonging to the Board was doing the work which was ordinarily a part of the trade or business of the Board. The facts of this case in short which are more or less not disputed are as under: