SUBHADRABAI SUKHRAM Vs. MALWA UNITED MILLS LTD

JUDGEMENT

(1.) The Commissioner under Workmen's Compensation Act, Indore directed R. 3500/-to be paid by the contractor Nathulal to the heirs of one Sukhram Carpenter who died while working during the construction or repairs of a building used as a canteen for the workers of Malva United Mills Limited. The premises of the canteen which were being constructed or repaired belonged to the Mills and one Nathulal was given a contract for that work. Nathulal engaged Sukhram to do some carpenter's job. On 21-7-1955 while he was engaged in fixing the wooden frame for the roof of the building a parapet fell upon his back and seriously injured him. He was removed to the hospital where he died on 23-7-1955, The heirs of Sukhram submitted a petition for compensation and impleaded both the contractor as well as the Mills.

(2.) The claim was opposed by Nathulal on the ground that Sukhram was not a 'workman' within the definition of the term as defined in the workmen's Compensation Act and consequently he was not an employer liable to pay the compensation. Quantum of compensation claimed on the basis of assertion that the deceased earned Rs. 5/- per day was also not admitted.

(3.) The Mills also contested their liability. It was contended firstly that the hens could lay claim under the Employees' State Insurance Act, secondly that deceased Sukhram was not a workman as defined in the Act and thirdly that he was an employee of the contractor and that his employment was of casual nature.