LAWS(BOM)-2010-4-91

MAHINDRA GUJRAT TRACTOR LTD Vs. ABDUL RAUF PATHAN

Decided On April 08, 2010
MAHINDRA GUJRAT TRACTOR LTD. Appellant
V/S
SHABANA, ABDUL RAUF PATHAN Respondents

JUDGEMENT

(1.) The award of Commissioner for Workmen's Compensation Act & Judge, Labour Court, Latur, dated 12th January 2007, in Application (W.C.) No. 27 of 2001, directing the appellant (manufacturer) to pay compensation of Rs. 4,23,580/- with interest at the rate of 6 % per annum, is questioned in the First Appeal.

(2.) On 26th March 2007, after hearing the learned Counsel for the appellant, this Court observed thus:

(3.) The factual details, to a major extent, not in controversy, can be condensed as under: Deceased Abdul Rauf, during the course of affairs of demonstration of tractor in the field of Jadhav, at his age of 28 years, succumbed due to turtling of the tractor on 9-10-2000. The respondent nos.1 to 5 (the claimants) are his legal representatives. The respondent no.6 (dealer) was the agent / dealer appointed by the appellant (manufacturer) to sell the tractors in the area of Latur under a agreement. The controversy or the genesis thereof would certainly center to the employer and employee relations or whether the deceased could be branded to be an employee of the appellant (manufacturer).