NARANG SINGH Vs. SUPERINTENDING ENGINEER, MECHANICAL MAINTENANCE CIRCLE, GURU NANAK DEV THERMAL PLANT, BATHINDA

JUDGEMENT

(1.) THIS order will dispose of two FAO Nos. 395 of 1988 (Sh. Narang Singh and another Versus Superintending Engineer, Mechanical Maintenance Circle, Guru Nanak Dev Thermal Plant, Bathinda) and FAO 1079 of 1988 (Narang Singh and another versus The Desh Sewak Co -operarive L&C Society Ltd. and others) The parents of the deceased workman Lachhman Singh are before this Court in appeal under the Workmen's Compensation Act, 1923 (now called Employees' Compensation Act, 1923) against impugned order dated 24.12.1987 passed by the Commissioner for Workmen Compensation, Bathinda non -suiting the claimants by returning a finding that the deceased Lachhman Singh is not a workman as defined in Section 2 (n) of the Workman's Compensation Act, 1923. Section 2 (n) presently stands omitted by Act 45 of 2009 w.e.f. 18.01.2010. The definition of 'workman' under Section 2 (n), as it stood on the date of death on 14.05.1985, read as follows: -

(2.) A few facts would be necessary to spell in order to understand what the Commissioner has done. There appears to be no doubt that Punjab State Electricity Board had engaged Desh Sewak Co -operative Labour and Construction Society Ltd., Bathinda through tender for carriage and unloading of coal on the site of the thermal plant of the Board. The Society engaged a number of tractors for execution of the contract. In this way, Lachhman Singh was engaged to ply tractor No. PUT 9341, during the course of which work he met with an accident on 12.05.1985 on the premises of the plant, which led to his death on 14.05.1985 on account of injuries sustained by him in the accident. This tractor was said to be owned and possessed by one Balwinder Singh son of Niranjan Singh (non party). The owner of the tractor is said to have been paid Rs. 8/ - per trip for ferrying coal to site. Lachhman Singh died on the night intervening 13/14.05.1985. It was the respondent's case that Lachhman Singh was paid Rs. 200/ - per month by Balwinder Singh, tractor owner and therefore the Society disclaimed liability before the Court. It was urged by the Society before the Commissioner that it was not liable to indemnify the Board in case the Board as principal employer was ordered to pay compensation to the dependents of the deceased. The defence of the Punjab State Electricity Board was that the work was carried out under work order issued by the Board. Deceased Lachhman Singh was employed by the Society and, therefore, the Society was the employer of Lachhman Singh. It was their stand that in case the Board is ordered to pay compensation then it should be taken that the Society is under obligation to indemnify to Board. The following additional issues were framed by the Commissioner: -

(3.) IT is a common case of the Society and the Board that the Board invited tenders for carriage and unloading of coal to the site of the plant and the tender of the Society was accepted by the Board. There is also no doubt that tractor No. PUT 9341 was one among the tractors engaged by the Society for purposes of execution of the work order. It is also an admitted fact that Lachhman Singh died due to accident while driving the tractor within the premises of the Board. Lachhman Singh was 25 years of age at the time of death. AW3 Narang Singh had deposed that Lachhman Singh was paid monthly wages to the tune of Rs. 550/ - by the Society. The Commissioner is chary in accepting the statement of AW 3 Narang Singh on the question of receipt of monthly wages on the ground that the witness has nowhere stated that the monthly wages of the deceased Lachhman Singh was settled in his presence between the Society and Lachhman Singh. The witness has also not said to have spoken directly as a witness to payment and receipt of monthly wages in his presence. This evidence has been discarded as hearsay in nature and no reliance has been placed on it.