By Court:This appeal is against the order dated 30th November, 2004 passed by learned Presiding Officer, Labour Court, Ranchi in W.C. Case no.1 of 2002, whereby learned Labour Court has fastened liability of paying compensation on the petitioner principal employer, under the provision of the Workmen Compensation Act.

2. The brief fact of the case is that Sukhmania Devi, the widow of Late Guja Oraon had filed application, claiming compensation for the death of her husband in an accident. It was stated that Guja Oraon was an employee of ESSEM Transporters and Contractors Pvt. Ltd. He met with an accident while engaged in the work at coal yard on 4th December, 2000. The accident had taken place when a truck belonging to M/s. Shankar Transport Company got rolled over causing lacerated injuries on the body of Late Guja Oraon. He was immediately taken to Foundry Forged Plant for first aid. Later on when Guja Oraon was being taken to H.E.C. Plant Hospital, he died before he could reach the Hospital. It was claimed that M/s. Shankar Transport Company and ESSEM Transporters and Contractors Pvt. Ltd. were engaged in the work of H.E.C. Ltd. and as such, H.E.C. Ltd. being the principal employer is liable to pay compensation.

3. The appellantH.E.C. Ltd. contested the said claim application, stating, inter alia, that late Guja Oraon was engaged by ESSEM Transporters and Contractors Pvt. Ltd. for their contractual work in Foundry Forge Plant of H.E.C. Earlier a proceeding was initiated at the instance of the Opposite Party no.2 H.E.C. Ltd. In the said proceeding, Opposite Party no.2 asked the Opposite Party no.3ESSEM Transporters and Contractors Pvt. Ltd. to pay compensation to the legal heirs of the deceased Guja Oraon. On the failure of ESSEM Transporters and Contractors Pvt. Ltd. to comply with the request, M/s. H.E.C. Ltd. filled up the E.E. under the Workmen Compensation Act informing the appropriate authority under the Workmen Compensation Act about the accident, resulting death of Guja Oraon. The appellant had also sent a notice to ESSEM Transporters and Contractors Pvt. Ltd., requesting them to pay the wages of the deceased Guja Oraon and also to pay compensation amount to the legal heirs of the deceased or else. M/s. H.E.C. was compelled to deposit the compensation amount before the appropriate authority and to adjust the said amount of compensation against the bill of ESSEM Transporters and Contractors Pvt. Ltd.

4. Subsequently, on failure of ESSEM Transporters and Contractors Pvt. Ltd. to respond to the request of the Management of the appellant, H.E.C. Ltd. calculated the compensation amount and deposited the same before the Commissioner, Workmen Compensation, a sum of Rs.1,39,435=08 paise and adjusted the same amount against the bill of ESSEM Transporters and Contractors Pvt. Ltd. The payment has been made subject to the decision of the Court. It has been stated that ESSEM Transporters and Contractors Pvt. Ltd., being the employer, is liable to pay the compensation amount.

5. ESSEM Transporters and Contractors Pvt. Ltd. also appeared and filed written statement. It was stated, inter alia, that the case was filed not for any claim but for justifying the amount of Rs.1,39,435=08 paise, which was unilaterally deduced from the bills of ESSEM Transporters and Contractors Pvt. Ltd. and purportedly deposited as amount of compensation payable to the claimantSukhmania Devi, whose husband Guja Oraon died in the accident. Deduction of the said amount was unilateral and unauthorised and without taking any legal step against ESSEM Transporters and Contractors Pvt. Ltd. It was further stated that Guja Oraon died in an accident, being run over by a truck of another transporter, namely, Shankar Transport Company. The accident took place at the time when Guja Oraon was neither on duty nor coming for or going from the duty. At the time of accident, Guja Oraon was unloading the truck of Shankar Transport Company. He was not on du