MANAGING DIRECTOR ORISSA STATE WAREHOUSING Vs. GITARANI SEAL

JUDGEMENT

(1.) THE judgment of the Commissioner for the Workmen's Compensation and Assistant Labour Commissioner, Jeypore, in W,c. Case No. 7 of 1985 is assailed by the Orissa State Warehousing Corporation (in short 'the Corporation') in this appeal.

(2.) AN application under Section 10 of the Workmen's Compensation Act, 1923 (in short 'the Act') was filed by the present respondent No. 1 claiming compensation for the death of her husband Mahendranath Seal. The claimant's case was that Mahendranath was employed by the present respondent No. 2 as a carpenter for execution of certain construction works of the Corporation and during the course of his employment on April 9, 1984 he fell down from the roof and died. He was claimed to be 40 years of age.

(3.) SO far as the quantum aspect is concerned, it was asserted that the deceased was getting Rs. 25/- per day. Five issues were framed by the Commissioner who, on evaluation of the evidence, came to hold that the deceased was a workman; was engaged with activity connected with trade and business of the Corporation; and was entitled to a sum of Rs. 23,100/ -. It was held that though respondent No. 2 was the contractor, so far as the deceased was concerned, the present appellant was the principal employer and was liable to pay the awarded sum to the claimant and was to be indemnified by the contractor on payment.