COMMISSIONER MUNICIPALITY Vs. AMUDHA

JUDGEMENT

(1.) THIS appeal has been filed by the appellant/second respondent against the order passed by the Deputy Commissioner of Labour for Workmen Compensation, Salem in W.C.No.165 of 1997, dated 20.05.2004, awarding a compensation of Rs.2,07,980/- to the applicants.

(2.) THE brief facts of the case are as follows On 08.04.1997, while the applicant's husband, Mr. Nagaraj, was constructing Municipality School building, he fell down on the floor and died. THE applicant, then filed W.C.No.165 of 1997 for compensation. THE same was ordered on 28.08.2000. As per the order, the applicant approached the contractor for collecting the award amount. It was in vain. In this connection, the applicant made an appeal to the Commissioner, Erode Municipality, to collect the money from the contractor.

(3.) THE Second opposite party filed his counter statement before the Commissioner and resisted the claim of the applicant and contended that the second opposite party awarded the building contract to the first opposite party as a Principal employer. Further, the first opposite party was the immediate employer of the applicant's (deceased) husband, P. Nagaraj. Further, the second opposite party admitted that the accident happened at the time of construction work. THE said school construction is under the control of the second opposite party. This is also admitted by the second opposite party. THE age and income of the deceased was denied by the second opposite party. Further the second opposite party denied the legal heirship of the applicant and her minor son and daughter. As per contract between the first and second opposite party, the applicant is not entitled to get any compensation from the second opposite party.