ADITHYA FERO ALLOYS Vs. ADDL COMMISSIONER AUTHORITY

JUDGEMENT

(1.) THIS appeal arises out of the order of Additional Commissioner for Workmen's Compensation, Karaikal in W.C.No.1/1999.

(2.) CASE of second respondent/claimant is that she was a labour under the appellant and that she was employed for the purpose of carrying old dirt iron pieces for blasting at the work spot. According to the claimant, on 17.06.1998, when she was carrying the iron pieces, crane dashed her head and her right hand and she sustained fracture injury in her right wrist joint. The respondent was taken to Community Health Centre, Thriunallar where she was given first aid and was referred to Karaikal Government Hospital for further treatment. She has sustained permanent disability in her right wrist joint and fingers. Respondent has filed claim petition claiming compensation of Rs.6,04,800/-.

(3.) CHALLENGING the impugned Order, the learned Counsel for the Appellant has submitted that the respondent failed to prove employer-employee relationship and the appellant Management never employed female workers, which aspect was not properly considered by the Commissioner. The learned Counsel for the Appellant has further submitted that in the absence of any material evidence, the Tribunal erred in finding that the second respondent was employed under the appellant and that she sustained injuries while she was working under the appellant.