SARAT CHANDRA ROUT Vs. HRUSI PATRA

JUDGEMENT

(1.) THESE three appeals under Section 30 of the Workmen's Compensation Act, 1923, are directed against the common decision passed by the Deputy Labour Commissioner and Commissioner for Workmen's Compensation, Rourkela (in short, the "commissioner") in three different claim cases, awarding compensation to claimant-respondent No. 1 in each of the appeals. The present appellant had been engaged as Contractor under the Executive Engineer, P. W. D. Keonjhar, for repair and extension of the Settlement Officer building at Keonjhar. While the work was in progress on June 24, 1987, suddenly there was heavy rain and storm forcing the three labourers to take shelter in a nearby building along with unused cement bags. At that time, the overhead live electric wire fell on the labourers causing injuries which ultimately resulted in death of two of the labourers. Two claim applications were filed by the legal heir-cum-dependants of two labourers and the third claim case was filed by the injured labourer herself.

(2.) THE Commissioner found that the labourers were workmen under the present appellant who had been engaged as a Contractor by the Executive Engineer. Accordingly, the Commissioner directed payment of compensation to the claimants by the Executive Engineer, as the Executive Engineer was the principal employer, with the observation that the Contractor, namely the present appellant to reimburse the amount to the Executive Engineer.

(3.) THE Contractor in these appeals has contended that the injuries were sustained due to negligent act of the Orissa State Electricity Board (now Grid Corporation) and the liability, if any, should be borne by such Grid Corporation. In Miscellaneous Appeal No. 582/1996 and Miscellaneous Appeal No. 583/1996 the Grid Corporation, impleaded as respondent No. 3, has entered appearance. It has been submitted on behalf of the Grid Corporation that since Grid Corporation is not the "employer", it has no liability in the matter under the provisions contained in the Workmen's Compensation Act.