E ABDUL JALEEL Vs. V PAKKIRISAMY

JUDGEMENT

(1.) THE appellant is the first respondent in W. C. No. 73 of 1988 before the Deputy Commissioner of Labour-Commissioner for Workmen's Compensation, Tiruchirapalli. The present first respondent V. Pakkirisamy was employed in a saw mill at Mayiladuthurai. On March 18, 1988 at about 12. 30 p. m. there was an accident in the mill in which Pakkirisamy's left hand was cut and severed above the wrist by the saw, he was immediately taken to the Government Hospital, Mayiladuthurai and then to the Thanjavur Medical College Hospital. Inspite of the treatment given, the wrist could not be attached. Thereupon, he filed W. C. No. 473 of 1988 before the Deputy Commissioner of Labour-Commissioner for Workmen's Compensation claiming Rs. 22,400 as damages. He impleaded the appellant therein Abdul Jaleel as the first respondent and Parameswaran the present second respondent as second respondent in that application on the ground that the appellant was the original owner of the saw mill, that he joined the mill when the mill belonged to the appellant and that thereafter the appellant had leased out the mill to the second respondent.

(2.) THE appellant pleaded that since he had leased out the saw mill to the second respondent on August 20, 1987, he had nothing to do with the day to day working of the said mill from that day onwards. He was not the employer of the first respondent at the time of the accident. Hence, the claim for compensation against him was not maintainable.

(3.) THE second respondent contended that he was also not the employer of the worker since it was the appellant who had appointed the first respondent in his mill. He also pleaded that the first respondent is guilty of contributory negligence.