SATYABADI NAYAK Vs. DAMEI KHILLA AND HONTAL DAMUNI

JUDGEMENT

(1.) THESE two appeals arise out of a common order passed by the Commissioner for Workmen's Compensation-cum-Asst. Labour Commissioner, Jeypore, Koraput (in short 'the Commissioner') disposing of four claim applications.

(2.) THE case of the applicants in all the four cases was identical in respect of cause of accident, and amount of claim, under the Workmen's Compensation Act, 1923 (for short 'the Act' ). It was stated that their respective husbands were working under one Sri Satyabadi Naik, the present appellant (hereinafter referred to as 'the contractor') in the construction work at Jersey Breeding Firm, Sunabeda and were engaged in the work when they suffered personal injuries on account of falling of a big portion of the roof, leading to their death. The Assistant Engineer, Central Public Works Department, Sunabeda (for short 'c. P. W. D. ') and Executive Engineer, C. P. W. D. , Bhubaneswar were also impleaded as the work was entrusted by the C. P. W. D. to the contractor to execute the construction of the building. The contractor filed written statement denying his liability to pay any compensation on the ground that the deceased persons were never his workmen, and therefore, the question of his paying any compensation did not arise.

(3.) FOUR issues were framed by the Commissioner which read as follows:--