VIMALBAI Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) HEARD . This appeal can be disposed of at the admission stage as the short question involved in the appeal is regarding existence of the employer and employee relationship between the parties.

(2.) THIS appeal is directed against the judgment dated 25.1.1999 passed by the learned joint Civil Judge, Junior Division, Gadchiroli in Workmen's Compensation Case No. 1/97 rejecting the claim of the appellants for grant of compensation on Account of death of Jairam Joga Veladi.

(3.) MR . Anthoney, the learned Counsel for the appellants contended that though Jairam Joga Veladi was working as a casual labour on the truck, his legal heirs would be entitled to receive compensation and the employer and employee relationship was in existence on the date of the Accident. He contended that absence of appointment letter and register regarding payment of wages in a case under the Workmen's Compensation Act, 1923 would not be material. In support of his submission, he relied on the decision of the Division Bench of this Court in the case of Mammed v. Gopalan 1995 Lab. I.C. 2767, as well as on the decision of Supreme Court in the case of Maghar Singh v. Jaszvant Singh .