PROMPT LANDMARKS PVT. LTD. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The exercise of power by the Commissioner for Workmen's Compensation under section 10-A of the Employees' Compensation Act, 1923 is questioned by the Petitioner by this petition.

(2.) The Petitioner is a Company engaged in the business of construction. Sometime around the year 2012, Petitioner constructed premises of one Bhartiya Sanskriti Darshan Trust at Kesnand, district Pune. The Petitioner had engaged services of M/s Avinash Construction Company and M/s RMC Readymix (India). On 18 December 2012, an unfortunate incident took place at the construction site. The Centring on the 4th floor collapsed and thirteen persons died. One of them was Shri Prakash Apparao Shelke.

(3.) The Commissioner for Workmen's Compensation exercising powers under section 10-A of the Act issued a notice to the Petitioner. The notice called upon the Petitioner to give particulars of the incident and to make necessary deposit under Section 10-A(2) of the Act, within 30 days. The Petitioner appeared before the Commissioner and denied it's liability to pay compensation to Mr.Shelke. According to the Petitioner, Mr.Shelke was not it's employee. Avinash Constructions also took a stand that Mr.Shelke was not it's employee. The Commissioner observed that the incident and the death of Mr.Shelke were not disputed, and since the Petitioner and Avinash Construction were trying to shift burden on each other, directed the Petitioner to deposit the compensation in respect of Mr.Shelke, by order dated 4 May 2013. This order is challenged by the Petitioner in the petition.