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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Vivek Singh Thakur, J
Geeta Devi – Appellant
Versus
Deputy Commissioner, Shimla – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
Appellants have approached this Court against dismissal of their claim filed under Workmen Compensation Act, 1923 (in short ‘WC Act’) vide award dated 12th August, 2013 passed in Case No. WC Act/0300041/2012 titled Geeta Devi and others vs. Deputy Commissioner and another.
2. Brief facts of the case are that appellants are surviving legal heirs of deceased Ramesh Chand who had been employed as labourer through Mahatma Gandhi National Rural Employment Guarantee Act (in short ‘MNREGA). On 7th February, 2009, while he was on duty in course of his employment under MNREGA Scheme and was doing work of cutting, a boulder from upper side fell and struck on the chest of the deceased. Immediately after the occurrence deceased was brought to hospital, where he died.
3. In aforesaid facts and circumstances, claim petition was filed for grant of compensation along with interest at the rate of 12% per annum from the date of accident till its realization and to impose penalty to the extent of 50%.
4. It has been claimed by appellants that at the time of accident, 44 years old deceased was workman as defined under WC Act. It is further case of the appellants that no no
Employment under MNREGA does not establish an employer-employee relationship under the Workmen Compensation Act, thus precluding claims for compensation.
Non-compliance with the deposit requirement under the Workmen's Compensation Act renders an employer's appeal not maintainable.
The entitlement of claimants to receive interest on the compensation amount from the date of the accident and the application of established principles relating to the payment of interest on money cl....
The central legal point established in the judgment is the interpretation of the circumstances under which the employer is liable for employees compensation under section 3 of the Employees Compensat....
The main legal point established in the judgment is the confirmation of an employer-employee relationship under the Workmen's Compensation Act and the interpretation of the definition of an accident ....
The principal employer is liable for compensation under the Employees’ Compensation Act, 1923, even if the employee was engaged through a contractor, ensuring protection for workers.
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