THE MALWA SUGAR FACTORY Vs. BHAGWAN KAUR ETC.

JUDGEMENT

(1.) WHETHER a sub -contractor is entitled to claim compensation under the provisions of the Workmen's Compensation Act, 1923, is the primary question which falls for determination in this appeal directed against the order of the authority under the Act above -said.

(2.) THE dependants of Nikka Singh deceased had brought the application claiming Rs. 5,000 as compensation on the ground that the latter had died due to an injury suffered in the course of the employment of the Malwa Sugar Factory Dhuri. It was further averred that the death had occurred on the factory premises and Nikka Singh being an employee of the Appellants, they were liable to pay compensation there for. This application was contested on behalf of the Appellants primarily on the ground that there was an absence of the relationship of the employer and the employee between the parties. The specific claim was that the deceased Nikka Singh was not covered by the definition of a workman as given in Section 2(n) of the Act. On the pleadings of the parties the following issues were framed:

(3.) TO appreciate the argument above -said one may first turn to the pleadings and particularly the application made on behalf of the Respondents themselves. A free translation of the relevant part of para 1 of this application is in the following terms: