LAWS(TRIP)-2019-3-28

DIRECTOR OF CENSUS OPERATIONS Vs. SUHAGAN SEN

Decided On March 07, 2019
Director Of Census Operations Appellant
V/S
Suhagan Sen Respondents

JUDGEMENT

(1.) The appellants challenge award dtd. 7/8/2018 passed by the learned Commissioner, Employee's Compensation, West Tripura, Agartala in Case No. T.S. (E/C) 16 of 2012 titled as Shri Suhagan Sen v. The Director of Census & Operation's Tripura and another.

(2.) Brief facts leading to the filing of the instant appeal being, that on 26/1/2011, claimant, who claims to be a Government employee, while on duty, met with an accident. He was electrocuted while hanging the banners on behalf of the Government resulting into sustaining a bodily injury. Resultantly, claimant filed a petition under the provisions of Sec. 22 of the Employee's Compensation Act. The claimant herein being the respondent in the said petition, emphatically disputed the employer and employee relationship, for the claimant was never engaged to carry out the work nor was he ever on the roles of the appellant-Organization.

(3.) Based on the pleadings of the parties, the authority below framed the following issues:-