NARESH CHANDRA BHOWMIK Vs. KANAN DAS AND ORS.

JUDGEMENT

(1.) This appeal is directed against the award passed by the learned Commissioner, Workmen's Compensation, on 9th March, 2011 in case No. TS(W/C) No. 15 of 2007.

(2.) The claimant appellant is a labourer. She was employed for throwing water on the wheel of the road roller. Her hand was crushed under the wheel of the road roller and finally her hand was amputated. She filed a petition for compensation under the Workmen's Compensation Act, 1923.

(3.) The case of the claimant in the claim petition was that she was engaged by the opposite parties i.e. Sri Naresh Chandra Bhowmik, contractor and the officers of the Public Works Department(PWD). The case set up by the officials of the State was that the injured claimant was not employed by the State but was an employee of the contractor. On the other hand, the contractor took a stand that the injured was an employee of the State. According to the contractor, for the days when the injured was working for contractual work which was being undertaken by the contractor she was being paid by the contractor but according to him, the injured was actually an employee of the State. It has also come in evidence that the Inspector of Factories, South Tripura District awarded an amount of Rs. 1,84,795/ - in favour of the claimant against the Executive Engineer(PWD), Amarpur Division. It was contended that this second petition was not maintainable.