JUDGMENT

S.B. Sinha, J. - Leave granted.

2. Appellant herein is a cooperative bank. It owned a jeep. The deceased was the driver of the said jeep. The jeep was requisitioned by Respondent No.2 for election duty. Respondent No.4 herein was the District Election Officer. The driver for all intent and purport was under his control. On 5.5.1999, the deceased while performing his duties stayed at the residence of Respondent No.2. The work of cleaning of septic tank at his house was going on. There was a leakage of gas from the said septic tank. The deceased allegedly on instructions of Respondent No.2 entered the septic tank to help the workers working therein. In the process, an accident tool place resulting in his death.

3. Respondent No.1 filed a claim petition claiming compensation under the Workmen’s Compensation Act, 1923 (for short, ‘the Act’) before the Commissioner of Workmen Compensation. She had also filed an application for her employment in the Collectorate on compassionate ground. In the said application, apart from Appellant, the Sub-Divisional Officer and the District Election Officer were impleaded as parties.

4. In the said proceedings, inter alia, the following issue was