1. The applicant before the Labour Deputy Commissioner-II for Workmen's Compensation, Chennai is the Appellant in this Civil Miscellaneous Appeal and it is filed assailing the order dated 18.3.2003 made in IA.No.55/2002 in WC.No.124/2001, whereby the Labour Deputy Commissioner dismissed the claim petition on the ground that the deceased V. Saravanakumar being an employee of the 1st Respondent registered with the Employees State Insurance Corporation, the applicant is barred from claiming compensation under the Workmen's Compensation Act, 1923.

2. The brief facts are that the Appellant's son Saravanakumar was employed under the 1st Respondent for more than two years prior to the accident and on 18.11.2000, he met with an accident and died on 20.11.2000. At the time of the accident, he was aged about 21 years old and receiving a salary of not less than Rs.3000/- p.m. The deceased was working in the heat treatment plant and he fell into the oil tank that was having no safety wall and without having any amenities as laid down under the Factories Act and Rules thereunder. In spite of repeated approaches, the 1st Respondent failed to pay any compensation, which had necessitate