AGARWAL RICE MILL Vs. ASHOKA DEVI AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the appellant and the counsel for the respondents.

(2.) In the present case, the appellant is challenging the order dated 8th January 2014 on the ground that the Deputy Labour Commissioner, Begusarai who is a Commissioner for noncontested cases under the Workmen's Compensation Act having no jurisdiction to decide the contested matter, instead of referring the matter to the Labour Court, Begusarai which is a Commissioner for contested cases under the Workmen's Compensation Act, himself decided the case.

(3.) It appears that the accident has taken place in the rice mill of the appellant, the victim died in the said accident. Thereafter certain amount was paid by the appellant. The plea has been taken by the appellant that the victim was not directly connected with the rice mill, but was engaged in loading and unloading of the rice bags which cannot be basis to claim that he was employee of rice mill whereas the respondent has submitted that in view of the payment of Rs.40,000/- compensation amount by the appellant itself suggests that the victim was an employee of the rice mill, loading and unloading of the rice bags is very much connected with the activity of the mill, it cannot be said to be separate from the main work of the rice mill and as such, the victim was an employee of the rice mill.