I. C. C. LTD. Vs. ASHOK SURYABHAN TIMKARE

JUDGEMENT

(1.) The appellant/original respondent No. 1 impugns judgment and order dtd. 23/5/2002 passed by the Ist Labour Court, Ahmednagar in Application (W.C.A.) No. 79 of 1995 in this appeal filed under Sec. 30 of the Workmen's Compensation Act.

(2.) The respondent No. 1/original applicant had approached the Labour Court at Ahmednagar seeking the compensation towards injury and consequential loss of earning suffered by him on account of accident dtd. 8/1/1993. The contention of the applicant is that he was employed with the appellant/original respondent No. 1 as a carpenter. The respondent No. 1 had a building construction contract with the respondent No. 2. While the applicant was discharging his duties, he met with an accident and sustained the injuries to his waste, shoulder and hip. The bladder was ruptured. He was admitted as an indoor patient with Sancheti Hospital till 24/2/1993. Even after discharge he has suffered permanent disability and loss of earning capacity. The claim was contested by the respondent No. 2 on the ground that the applicant was engaged by sub- contractor and he was not in direct employment of the appellant. It is further stated that the appellant has borne medical expenses for applicant on humanitarian ground. It is denied that the claimant has suffered loss of earning capacity. The respondent No. 2 filed written statement and denied the existence of employer-employee relationship. According to him work was given to the appellant/original respondent No. 1 and who has responsibility towards employees during the course of execution of the work.

(3.) The Labour Court framed the issues and recorded the evidence. The applicant recorded his own evidence and also relied upon evidence of Dr. Patil to prove the nature of injuries i. e. permanent disablement suffered by him. The respondent No. 1 recorded his evidence at Exhibit 16. No evidence is recorded on behalf of the respondent No. 2.