MUNICIPAL BOARD ALMORA Vs. JASOD SINGH

JUDGEMENT

(1.) This is an appeal by the Municipal Board, Almora against an order of the Deputy Commissioner, Almora sitting as Commissioner under the Workmen's Compensation Act awarding a sum of Rs. 1,260/- as compensation to a workman Jasod Singh who is respondent No. 1 in this appeal and the second respondent being the State of Uttar Pradesh. The facts leading up to this appeal are as follows :

(2.) A project for the electrification of the town of Almora was being executed by the U. P. Government on the material date. The workman Jasod Singh was one of the employees engaged in this work. His duty was to assist in the installation of poles and overhead cables. On 20-11-1950, while working on a pole he fell down and received injuries resulting in his permanent partial disability. He made an application for compensation under Section 3 of the Workmen's Compensation Act, claiming Rs. 2,520/-. The Municipal Board and the State were made defendants.

(3.) Both of them contested the claim on merits and, in the alternative, each pleaded that the other was liable to pay compensation. The State contended that it was executing the project only as an agent of the Municipal Board which alone was liable for compensation. On the other hand, the Municipal Board pleaded that the work was not being constructed by the State on behalf of the Board.