LAWS(ORI)-1995-10-21

UNION OF INDIA UOI Vs. RASIK MUNDA

Decided On October 25, 1995
UNION OF INDIA Appellant
V/S
RASIK MUNDA Respondents

JUDGEMENT

(1.) THE core questions that arise for decision in these appeals are whether in the facts and circumstances of the case, the appellants can be held liable for payment of compensation to the injured and deceased workmen and whether they are entitled to be indemnified by the contractor for the compensation paid.

(2.) UNION of India represented by the General Manager, South Eastern Railway, Calcutta, and the Divisional Railway Manager, Khurda Road Division, South Eastern Railway, Khurda, have filed these appeals under Section 30 (1) (a) of the Workmen's Compensation Act, 1923 (for short, 'the Act') assailing the orders passed by the Assistant Labour Commissioner-cum-Commissioner for Workmen's Compensation, Cuttack (for short, 'the Commissioner') awarding compensation in favour of the claimants and holding the appellants liable to pay the same. In some appeals the appellants have also challenged the orders of the Commissioner levying penalty and interest for default in payment of the compensation amount under Section 4a of the Act.

(3.) SINCE the cases involve similar questions of fact and law, they have been heard together with consent of learned Counsel for the parties and they are being disposed of by this common judgment.