UNION OF INDIA Vs. BHOJRAJ ALIAS POOJRAJ VACHHA

JUDGEMENT

(1.) HEARD learned Advocate Mrs. Vasavdatta Bhatt for appellants and learned Advocate Mr. Y. K. Gadhia for respondent No. 2.

(2.) APPELLANTS have challenged order passed by Workmen's Compensation commissioner, Kachchh at Gandhidham in W. C. Application (N. F.) No. 142 of 1996 dated 16-2-2006 wherein W. C. Commissioner has directed opponent nos. 2 and 3 to pay amount of compensation of Rs. 1,09,475/- with 50 percent penalty and 12 percent interest with costs of Rs. 500-00 to claimant, and thereafter, to recover whole such amount from opponent No. 1.

(3.) LEARNED Advocate Mrs. Vasavdatta Bhatt for appellants submitted that original applicant means claimant was not an employee of appellants but he was an employee, engaged by opponent No. 1, Ansari Builders as contractor. She further submitted that during course of employment, if any accident occurred and employee received injury, then, it is the liability of his immediate employer and not that of present appellants. She also submitted that there is agreement between opponent No. 1-Ansari Builders and appellants which has been quoted at page 4 which is reproduced as under :