S DURAIPANDI Vs. COMMISSIONER CHINNAMANOOR MUNICIPALITY

JUDGEMENT

(1.) THIS writ petition is filed to call for the records of the respondent relating to the Order in Na.Ka.No.2449/00/E1, dated 31.7.2002 and quash the order dated 31.7.2002.

(2.) THE petitioner is an approved contractor under the second respondent and has given the work of laying cement road for Ayyankoil Street, Chinnamanoor. THE Commissioner of Chinnamanoor Municipality also gave work orders to other contractors for different segments/ streets. It appears that one Sevathi, S/o Veeranna Devar sustained injuries while working under the contractor at Chockammal Koil Street. He filed an application in W.C.No.134 of 2000 under Section 22 of the Workmen Compensation Act 1923 claiming compensation as against the present petitioner as R1 and the Commissioner of Chinnamanoor Municipality as R2. In that proceedings, the said Sevathi was examined as P.W.1 and four documents were marked as Exs.A1 to A4. On behalf Duraipandian,/ the present writ petitioner, who is the first respondent before the Deputy Commissioner of Labour, was examined as R.W.1 and one Naaga Subramaniyan, Works Inspector of Chinnamanur Municipality was examined as R.W.2. Two documents were marked as Exs.R1 & R2. After considering the oral and documentary evidence, the Commissioner for Workman Compensation (Deputy Commissioner of Labour) came to the conclusion that the said Sevathi was employed on behalf of Chinnamanoor Municipality and that he sustained injuries in the course and out of employment.

(3.) IN the result, the writ petition is allowed and the impugned proceedings is set aside. No costs.