RUBY Vs. PRESCRIBED AUTHORITY/DEPUTY LABOUR COMMISSIONER FAIZABAD

JUDGEMENT

(1.) This petition has been filed challenging the order passed by the Prescribed Authority under Employees Compensation Act, 1923, i.e. Deputy Labour Commissioner, Faizabad, Region, Faizabad dated 11.03.2015 in Employees Compensation Case No. 08 of 2011(Smt. Ruby vs. Branch Manager Grameen Bank, Inayat Nagar, Faizabad and others).

(2.) It has been submitted by learned counsel for the petitioner that she is the wife of late Preetam Lal, who was employed as Safai Karmchari in Baroda U.P. Grameen Bank, Inayat Nagar, Faizabad Region, Faizabad. He was being paid monthly salary of Rs.1050/- per month and while being employed as Safari Karmchari , was also engaged with the respondent's bank for the bringing tea and water etc. for the employees of the Bank and the customers of the Bank. and he also used to run the diesel generator set for the bank.

(3.) On 12.07.2010 in the evening, the petitioner's husband was asked to give the water to one of the employees of the Bank, but when Late Preetam Lal went to use the hand pump set-up in the Bank premises, he was electrocuted. At the time of his death, he was aged about 30 years and due to his extra duties of supplies of water and tea to the employees of the Bank, he was able to earn Rs. 4,000/- to 5,000/- per month. On his accidental death, the petitioner filed an appeal for paying of ten times compensation of the amount which was being earned by Late husband. The Bank disputed the liability and after taking evidence the Deputy Labour Commissioner, Faizabad Region, Faizabad rejected the case of the petitioner arbitrarily by holding that the petitioner's Late husband was not an employee of the Bank.