BALVEER SINGH Vs. GOPAL SHARMA

JUDGEMENT

(1.) This Civil Misc. Appeal has been filed by the appellants u/s 30 of Workmen's Compensation Act, 1923 (for short, the Act of 1923) against the judgment dtd. 18/8/2017 passed by learned Workmen Compensation Commissioner, Kota (for short 'learned Commissioner') in claim case No. J.L.C./F/19/2011 titled as Gopal Sharma & Anr. Vs. Sanjay Pathak & Ors., whereby an amount of Rs.2,08,732.00 alongwith interest @ 12% per annum w.e.f 1/6/2006 has been awarded as compensation in favour of respondent Nos.1 and 2-claimants (for short 'the claimants') and penalty to the tune of 20% of the compensation amount has also been imposed upon the non-claimant No.1-Sanjay Pathak.

(2.) Learned counsel for the appellants submits that the learned Commissioner has wrongly allowed the claim petition filed by the claimants. Learned counsel for the appellants also submits that claimants failed to prove that deceased was employed by appellants. Initially, claim petition was filed against the respondent Nos.3-Sanjay Pathak and 4-Bharat Jhamnani respectively. The said claim petition was ex-parte decreed. After that, ex-parte judgment and decree was set aside and respondent No.4 filed reply to the claim petition in which he stated that deceased was not working under his employment. He also mentioned that he had no relationship with S.T.N. Cable Network and further stated that appellants are the owners of S.T.N. Cable Network, so, appellants were impleaded as a party but no notice under Sec. 10 of Employees Compensation Act was ever given to them. Claimants failed to submit any document regarding employeremployee relationship between the appellants as also deceased. So, appeal be allowed and judgment dtd. 18/8/2017 passed by learned Commissioner be set aside.

(3.) Learned counsel for the claimants submits that learned Commissioner rightly allowed the claim petition filed by the claimants. No substantial question of law is involved in this appeal. The appeal has been submitted on the findings of facts. In support of his contentions, counsel for the claimant has placed reliance on the judgments delivered by the Hon'ble Apex Court in the cases of Golla Rajanna Etc. vs. The Divisional Manager and Anr. reported in 2017 (1) SCC 45 and North East Karnatka Transport Corporation Vs. Smt. Sujatha reported in 2019 (11) SCC 514.