EXECUTIVE ENGINEER LINK Vs. SARALA DEVI

JUDGEMENT

(1.) THE State of Rajasthan bad undertaken the Gang Canal Project and the work of digging up was being got done through contractors.

(2.) MR . Raghuveer Singh (the deceased) was working in that Project as a tractor driver and during the course of employment died in an accident at the site of the Project. Smt. Sarla Devi (respondent No. 1) moved the learned Commissioner under the Workmen Compensation Act, for grant of compensation, alleging that the deceased was employed with M/s Kashniya Choyal Construction Company, Ratanpura (respondent No. 2), through whom the State was getting the work done at the site. During the trial it was conceded by the State that the work was being got done through the contractor but stated that respondent No. 2 was not the contractor concerned. The learned Commissioner, after recording the evidence, held that the deceased was getting a salary of Rs. 800/ - per month and that he was aged about 35 years at the time of his death. The Commissioner held that the State Government is liable to pay compensation as Principal employer and consequently, directed the State Government to deposit a sum of Rs. 63,059.20 within two months with interest at the rate of 6% per annum. The State Government has filed this appeal Under Section 30 of the Workmen Compensation Act.

(3.) LEARNED Commissioner, on the basis of the evidence produced before it, came to a finding of fact in regard to the salary of the deceased and this Court cannot interfere with it while exercising powers Under Section 30 of the Workmen Compensation Act, which entitles the Court to interfere only if substantial question of law is involved.