MT MACHUNI BIBI Vs. JARDINE MENZIES AND CO

JUDGEMENT

(1.) This is a reference by the Commissioner for Workmen's Compensation, Bengal, under Section 27, Workmens Compensation Act (8 of 1923), and arises out of certain proceedings which are now pending before the Commissioner under the Act.

(2.) The facts appear to be shortly as follows : Messrs. Jardine Menzies & Co. Architects and Building Contractors, undertook to do the ironwork in connexion with the erection of a garage in Central Avenue, and for that purpose entered into a contract with one Amulya Charan Aich. On 12 December last, while a khalasi named Golab Khan, now deceased, the husband of the petitioner in this case, was at work on the premises and was engaged in hoisting a beam an iron column post fell upon him, resulting in fatal injuries. The widow of the deceased thereupon applied before the Commissioner for an order on Messrs. Jardine Menzies & Co. to deposit the sum of Rs. 900, as compensation for the death of her husband.

(3.) Messrs. Jardine Menzies & Co. filed a Written statement denying their liability and submitting that, if they were found to be liable to pay compensation to the applicant they were entitled under Section 12 to be indemnified by Babu Amulya Charan Aich with whom they alleged they contracted for the performance of the work on which the deceased was said to have been engaged, Babu Amulya Charan Aich was accordingly served with notice as provided by the rules under the Act, and duly appeared by pleader and filed a. written statement in which he stated that Messrs. Jardine Menzies & Co engaged one N. Bhattachariya as contractor for the iron work, who again engaged him (Amulya Charan Aich), who in turn engaged Ishak Mia and Maniruddi jointly as contractors to do the ironwork. The proceedings, as already stated, are pending before the Commissioner, and, in the meanwhile, he has submitted this reference, inviting our decision upon a question of law which he has formulated as follows bearing upon the application of Section 12 of the Act: A undertakes work which is ordinarily part of his trade or business. For the purpose of his trade or business he contracts with B for the execution of part of this work. B similarly contracts with G for the whole or part of the Work he himself has contracted for. One of C s-workmen is killed by accident. 1. Who, for the purpose of Section 12 is the principal? 2. If A is the principal, and is found liable to; pay compensation, by whom is he entitled to be indemnified? If by B then is B in his turn entitled to be indemnified by C.