CHAIRMAN TAMIL NADU ELECTRICITY BOARD Vs. M KARUPPANNAN

JUDGEMENT

(1.) Aggrieved over the order passed by the Commissioner for Workmen's Compensation in W.C.No.177 of 2005, dated 09.07.2007, Tamil Nadu Electricity Board has filed this appeal.

(2.) The brief facts are that the legal representatives of the deceased employee have preferred the claim petition before the authority below, on the death of one Murugan. He was employed as a Diver to clean the trash rack kept along with water course of the Barrge Unit-3 of of the Erode Power Generation Circle of the Tamil Nadu Electricity Board. On 25.11.1999, at around 08.00 a.m., when power generation at Barrage Unit-3 was disrupted on account of accumulation of trash in the trash rack, seven workmen were engaged to remove the trash. Out of seven, the said Murugan, who went into the waters to remove the trash, did not come out even after ten minutes. Therefore, a search was made under the water by deploying others and information was given to Bhavani Fire personnel. Finally, at 06.25 p.m., Murugan's dead body was retrieved from the barage and a police complaint was lodged by the Assistant Executive Engineer of the appellant Board. Thereafter, a notice was issued by the respondents, claiming compensation for the death of Murugan on 20.10.2000, and, subsequently, a claim was also filed. The appellant objected to the employer-employee relationship, stating, that on the date of accident, the deceased was not under the direct employment of the appellant. Further, drowning by accident is not connected with the business of the establishment and, therefore, they are not liable to pay compensation. The said employee was engaged through the first applicant and father of the deceased on the date of accident, and, as such, it is the contractor, who is liable to pay compensation as an immediate employer and not the appellant. The authority has framed four issues and found that the appellant Board is liable to pay compensation, thereby awarding compensation of Rs.4,07,700/- and also a sum of Rs.2500/- towards funeral expenses, totalling to a sum of Rs.4,10,200/-.

(3.) Learned counsel for the appellants would submit that the deceased person was an employee of the first applicant, who is none other than his father; in cases of engagement by contractors, namely, the immediate employer, he only is liable to pay compensation and the principal employer is not liable to pay.