SHER SINGH Vs. RAKESH KUMAR

JUDGEMENT

(1.) The main appeal and the application filed are being taken up together for hearing with the consent of the parties.

(2.) The facts necessary for decision of the case are that Sher Singh filed a petition for grant of compensation on the ground that he was an employee of Kaushal Roller Flour Mills, Tahliwal, District Una, H.P. He alleged that Kaushal Roller Flour Mills was owned by Rakesh Kumar who was the sole proprietor of the flour mills. He alleged that during the course of employment his right hand was crushed in the grinding machine which resulted in permanent amputation of all the fingers. The claimant further alleged that his monthly wages were Rs. 2,800 and prayed for compensation accordingly.

(3.) Rakesh Kumar was arrayed as the respondent and shown to be the proprietor of Kaushal Roller Flour Mills. In his reply, he stated that in fact he was not the proprietor of Kaushal Roller Flour Mills and the firm Kaushal Roller Flour Mills is a separate juristic entity being a private limited company. He, however, did state that he was the Managing Director of Kaushal Roller Flour Mills and claimant was an employee with Kaushal Roller Flour Mills. It was, however, stated that the wages of the claimant was only Rs. 1,320 per month.