ADABALA PATTABHIRAMAIAH Vs. YALETI PADMARAJU

JUDGEMENT

(1.) The Order of the Court was pronounced by The Commissioner for Workmen's Compensation Andhra Pradesh, Hyderabad, has referred to us the following questions for decision under section 27 of the Workmen's Compensation Act : (1) Whether construction of a brick wall to protect the sid.es of a well already dug for the purposes of agriculture, is a trade or business of an agriculturist ? (2) Whether masons employed for such construction by the agriculturist are workmen as defined under section 2 (1) (n) (ii) of the Workmen's Compensation Act ?

(2.) The facts are as follows : Yaleti Padma Raju of Samalkota in an agriculturist owning extensive properties . There was a well in his land around which he wanted to construct a protective wall. In that connection he employed Suryanarayana, a maistry and four masons including one Adabala Subba Rao. The agreement of employment was that each of the masons should be paid a daily Wage of Rs. 3 and that they should also be given two meals per day and daily batta of 50 nP. each. The work was commenced on 7th April, 1964, and continued on the 8th and 9th. On 10th April, 1964, while the mansons were constructing the wall from the bottom of the well, huge lumps of earth came loose from the top of the well and fell upon the masons and the coolies who were working. As a result of the accident Adabala Subbarao, three other masons and four coolies died on the spot. The dependants of Adabala Subbarao filed an application before the Commissioner for Workmen's Compensation of Rs. 3,000. On behalf of Padmaraju an objection was raised that Adabala Subbarao Was not a workman within the definition contained in section 2 (1) (n) of the Workmen's Compensation Act, firstly because construction of a wall around a well used for purposes of irrigation was not a trade or business and secondly because the employment of Adabala Subba Rao was of a casual nature. Thereupon the Commissioner referred the question mentioned above for our decision.

(3.) "Workman" is defined in secion 2(1) (n) of the Workmen's Compensation Act. In so far as it is relevant the definition is as follows : "Section 2(1) (n) Workman' means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purpo:es of the employer's trade or business), who is (n) employed on monthly wages not exceeding five hundred rupees in any such capacity as is specified in Schedule II."