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2011 Supreme(Jhk) 872

N.N.TIWARI
Heavy Engineering Corporation Ltd. – Appellant
Versus
ESSEM Transporter and Contractors Private Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. Manish Mishra, Advocate.
For the Respondents: None.

JUDGMENT

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 princ
















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