GALIREDDY P Vs. CHINNA RAMASWAMY GOUD

JUDGEMENT

(1.) This appeal is filed by the employer questioning the award dated 31/07/1996 passed by the Commissioner of Workmen's Compensation and Assistant Commissioner of Labour, II Circle, Rangareddi District, in WC Case No. 158 of 1993.

(2.) The legal heirs of one Chinna Mallesham Goud, deceased in this case, filed the above case claiming compensation of Rs. 87,980.00 for the death of the deceased. It is the case of the claimants that the deceased was working in the industrial concern belonging to the appellants herein, on monthly wages of Rs. 1,100.00 While so, on June 17, 1993, the deceased was entrusted with the work of cleaning some powder, which gathered on the electric meter board fixed in the premises of the said industrial unit. While cleaning the Board, the deceased came into contact with a live electric wire, due to which he received shock and fell down. When he was taken to the Government Hospital for treatment, the workman died. Hence, the claim under the Workmen's Compensation Act ('the Act', for brevity).

(3.) Counter was filed by the appellants herein contending that the deceased was engaged only on casual basis, that too intermittently, by paying him daily wages of Rs. 20/- and he is not a 'workman' within the meaning of Section 2(1)(n) of the Act and that their organisation is not a 'factory' as they engaged only four workmen in their organisation. It is, therefore, contended that there was no 'employee' and 'employer' relationship between the deceased and the appellants and so the claimants are not entitled to claim any compensation under the Act.