BRANCH MANAGER Vs. RAJAMMAL

JUDGEMENT

(1.) The appellant has preferred this Civil Miscellaneous Appeal against the award passed in W.C.No.268 of 2006 dated 19.04.2010, on the file of the Workmen's Compensation Commissioner cum Deputy Commissioner of Labour, Dindigul.

(2.) The appellant is the insurance company, against whom the impugned award has been passed, under the Workmen's Compensation Act, 1923 [hereinafter referred to as 'the Act']. The Workmen's Compensation Commissioner cum Deputy Commissioner of Labour, Dindigul passed an award dated 19.04.2010 in W.C.No.268 of 2006 in favour of the respondents 1 to 3, who are the legal heirs of the deceased, Pandian for a sum of Rs.3,85,324/- and the said amount was directed to be deposited by the appellant before the Deputy Commissioner of Labour, Dindigul, within a period of thirty days, failing which the respondents 1 to 3 were entitled to interest at the rate of 12% p.a. on the said sum of Rs.3,85,324/-, till the date of payment of the entire awarded amount.

(3.) The primary ground on which the appellant insurance company has filed this appeal under Section 30 of the said Act, is that there is no employer-employee relationship between the appellant and the deceased Pandian and therefore, the claim filed before the Workmen's Compensation Tribunal by the legal representatives of the deceased Pandian is not maintainable and the award passed against the appellant is erroneous and is contrary to law, weight of evidence and probabilities of the case.