M/S. BHORUKA STEELS LTD. Vs. SAHAYA MARY

JUDGEMENT

(1.) This revision is directed against the order dated 20.12.2004 passed in W.C.No.116 of 2003 on the file of the Deputy Commissioner of Labour ? I, Chennai-6.

(2.) The respondent herein has filed W.C.No.116 of 2003 seeking compensation of a sum of Rs. 3,00,000/- for the death of her father Siluvai Gruse, who was engaged as a gear man for unloading work from the ship M.V.Julietta. According to the respondent, the petitioner company, being involved in the importation of iron and steel raw materials in the usual business course, receives ship loads for their business purposes.

(3.) On 17.05.2002, the petitioner company had engaged M/s.Sri Kaligambal Reconstitution Transporting and Labour Contracts, as its contractor, for carrying on the unloading operation of the steel rods. While doing unloading operation, at 18.15 hours, bundle of steel rods which were handled by the deck crane by the ship M.V.Julietta snapped and the steel rod struck the respondent's father, who sustained injuries. Immediately, after the accident, Siluvai Gruse was taken to National Hospital, Second Line Beach, where he succumbed to injuries. On 17.05.2002, at about 11.30 P.M., the Supervisor of the petitioner lodged a compliant in Harbour Police Station in Crime No.35 of 2002 under Section 304(A) IPC. Since the accident occurred while the deceased Siluvai Gruse was in employment under the petitioner, the respondent has claimed compensation of Rs. 3,00,000/- from the petitioner for the death of her father.