GIRI RAJ Vs. SHAM MAHAJAN

JUDGEMENT

(1.) This appeal by Shri Giri Raj, who claims to be a workman, employed by the respondents, is directed against the order dated 19.7.2005 of Commissioner, under Workmen's Compensation Act, whereby his petition for compensation, on account of injuries sustained by him, allegedly in the course of employment, has been dismissed, on the ground that relationship of workman and employer between the appellant and the respondents has not been proved.

(2.) Appellant, claiming himself to be a workman, employed for drilling rocks, filed a petition, seeking compensation for the injuries sustained by him, while doing the drilling job. It was alleged that appellant had been employed on payment of daily wages @ Rs. 105/- per day, by respondent Sham Mahajan, in connection with construction of a road from Jai Nagar to Ukhu in Tehsil Nalagarh. It was also stated that on 19.7.2001, when the appellant was doing drilling job, a rock slipped from the mountain side and fell upon him, as a result of which he sustained fracture of legs and the injuries caused permanent disability to the extent of 100%.

(3.) Respondent No. 1 denied that appellant was employed in connection with the construction of the aforesaid road. Commissioner, under the Workmen's Compensation Act, after recording evidence of the parties, has returned finding that the appellant had not been employed by the respondents and consequently dismissed the claim petition, vide impugned order.