A. THANKASAMY Vs. RAJAM AND ORS.

JUDGEMENT

(1.) One Kumaresan died in an accident that took place in the premises of the 8th respondent railways. The appellant herein was a contractor appointed by the 8th respondent railways to carry out certain civil works. Thiru Kumaresan was employed by the appellant. The 7th respondent was Maistry, who was looking after the work of the appellant. The said Kumaresan while doing work died on 10.10.2002, during the course of employment. The legal heirs of Kumaresan namely, respondents 1 to 6 filed W.C. No. 17 of 2003 on the file of the Deputy Commissioner of Labour/Commissioner for Workmen Compensation, Tirunelveli, claiming compensation for the death of Kumaresan.

(2.) The Deputy Commissioner of Labour passed an order dated 28.10.2005, holding that the principal employer namely, 8th respondent is at the fist instance is liable to pay compensation. Accordingly, a direction was issued to the 8th respondent railways to pay compensation and recover the same from the appellant, as he was a contractor, to whom the work was entrusted by the 8th respondent. The Deputy Commissioner of Labour awarded compensation of Rs. 3,04,992/-.

(3.) This appeal is against the aforesaid order on the ground that on the date of accident, there was no contract between the 8th respondent and the appellant and therefore, the Deputy Commissioner of Labour was not correct in permitting the 8th respondent railways to recover the compensation from the appellant.