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2001 Supreme(HP) 297

C.K.THAKKER, K.C.SOOD
ANSAL PROPERTIES AND INDUSTRIES – Appellant
Versus
EXECUTIVE ENGINEER, HPSEB – Respondent


Advocates Appeared:
Mr. Dinesh K. Sharmq, Advocate in all the appeals, for the Appellants; Mr. S.S. Mittal, Advocate, for respondent No. I in all the appeals, Mr. Jagdish Thakur, Advocate, for respondents No. 2 to 4 in FAOs No. 303 and 304 of 1998 and in FAOs (WCA) No. 301 and 302 of 1998, for the Respondents No. 2 and 3.

JUDGMENT

C.K. Thakker, CJ.—All these appeals arise out of cases No. 24 of 1993, 26 of 1993, 27 of 1993 and 28 of 1993 decided on 27th May, 1998 by the Commissioner, Workmens Compensation Act, HP SEB, Unit-II, Mandi, H.P.

2. To appreciate the controversy raised in the present appeals, few facts, which are necessary may now be stated. A fatal accident was reported by the Executive Engineer, Baner Construction Sub Division No. II, HP SEB, Jia Tehsil Palampur. It was reported that at the said accident, which took place on 18th August, 1993 at about 3.10 p.m., six persons, namely, S/Shri Kunjumon, Hari Bahadur, Ram Kumar, Vir Bahadur, Kamal and Roop Lama lost their lives on the spot. They were engaged by M/s. Ansal Properties and Industries Ltd. (appellant herein). A notice under Section 23 of Workmens Compensation Act, 1923 (hereinafter referred to as the Act) was issued by the Commissioner for Workmens Compensation on the employer asking it to submit documents, as required and the case was fixed at various places on different dates.

3. The case on behalf of the workmen was that the workmen, who met with fatal accident were engaged by M/s. Ansal Properties and Industries, who had entered
























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