EXCISE SUPERINTENDENTS Vs. JAMA RAMULAMMA

JUDGEMENT

(1.) This civil miscellaneous appeal is filed against the order, dated 12.11.1998, passed by the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, Hyderabad (Twin Cities) (for short 'the Commissioner') in W.C. Case No.357 of 1996.

(2.) The first respondent filed the claim stating that her husband by name, Jama Chandraiah, was a toddy tapper and was engaged by the second respondent, the President, Tappers Co-operative Society, Khammam, to tap the toddy trees. It is stated that during the course of employment, he fell down from a tree on 1.5.1996 and died on 9.8.1996 after prolonged ailment. She contended that the appellant herein is the principal employer on account of the fact that he issues the licence and the activity of tapping is controlled and overseen by the appellant.

(3.) The second respondent remained ex parte. The appellant filed a counter- affidavit denying its liability. It was pleaded that there did not exist any relationship of employer and employee between the deceased and the appellant and that he is not liable to pay compensation. Through the order under appeal, the Commissioner awarded a sum of Rs. 1,46,507/- and directed the appellant herein to pay that amount with interest at the rate of 12% per annum.