MANAGEMENT, AVINASHILINGAM ENGINEERING COLLEGE Vs. A.DURAISAMY

JUDGEMENT

(1.) The appellant / first respondent has preferred the present appeal against the order passed in W.C.No.31 of 2004, on the file of Workmen's Compensation cum Deputy Commissioner of Labour, Coimbatore.

(2.) The short facts of the case are as follows: -

(3.) The first respondent, in his counter has submitted that there was no employer -employee relationship between the first respondent and the applicant and that the applicant had never worked under the employment of the first respondent. The averments in the claim regarding manner of accident was also not admitted. It was submitted that the first respondent had entered into an agreement with the second respondent to construct the building in the college premises on 05.03.1997 and as per the agreement, the second respondent was responsible for taking care of building materials, labour and other duties regarding construction of building and that all the workers were under the employment of the second respondent. It was submitted that as per the agreement, only the second respondent is liable to take care of the workers, who are injured in an accident while doing their work on the construction site. It was submitted that as the applicant had claimed in his petition that he was employed by the second respondent, the first respondent cannot be held liable to pay any compensation. The averments in the claim regarding age and income and disability sustained by the applicant was also not admitted.