BALA MALLAMMA Vs. REGISTRAR OSMANIA UNIVERSITY

JUDGEMENT

(1.) The facts giving rise to this Letters Patent Appeal are enumerated below.

(2.) The parties shall be hereinafter referred to as 'applicant' and 'respondents' as they are referred in the order of the Commissioner for Workmen's Compensation, Hyderabad.

(3.) The applicant filed an application that her son K. Ravi who had been employed by respondent No. 2, K. Gopal, died on 23.12.1987 during the course of employment. The deceased Ravi had received injuries when he fell down from height of 40 ft. as he was whitewashing the Osmania University Science College walls. He was taken to hospital where he died. He was aged 20 years. His mother sought compensation of Rs. 53,760 and also sought penalty and interest. Respondent No. 1, Osmania University was represented before the Commissioner and it took the plea that the University had executed an agreement on 19.12.1987 with respondent No. 2, K. Gopal, for execution of the work of whitewashing to all exterior faces of the walls of the University. They took the plea that it was respondent No. 2 who was liable to pay the compensation. The respondent No. 2 took a plea that the deceased Ravi was not a worker in terms of Workmen's Compensation Act and he had received the work order from the respondent No. 1 on 16.12.1987 and even prior to that date the deceased had undertaken the work only under the direct instructions of the University. The Commissioner ordered that the University and the contractor were jointly nd severally liable to pay the compensation of Rs. 53,760. This order was challenged in an appeal which was decided by a learned single Judge of this court by a judgment dated 8.11.1991. The learned single Judge reversed the order passed the Commissioner. Hence this appeal by the applicant.