JUDGMENT :

Prayer: This Civil Miscellaneous Appeal is filed under Section 30(1) of Workmen Compensation Act, to set aside the order passed in W.C.No.03 of 2011 dated 11.10.2012 by the Commissioner of Labour, Workmen Compensation / Deputy Commissioner of Labour, Coonoor, Nilgiris District.

1. The Civil Miscellaneous Appeal is filed against the order passed by the 1st respondent dated 11.10.2012 passed in W.C.No.03 of 2011.

2. The respondents filed application under Section 22 of Workmen Compensation Act, 1923, claiming compensation on account of the death of late Mr.N.Devan, who is the husband of the 1st respondent and died on account of electrocution, while he was on duty and performing the duties on behalf of the Tamil Nadu Electricity Board.

3. It is contended by the respondents / petitioners that the deceased husband of the 1st respondent, Mr.N.Devan was engaged as electrical line man by the 1st respondent and he was working as a temporary employee for about six months under the appellant / respondent. The deceased was in verge of permanent absorption in the Tamil Nadu Electricity Board. While so, he was performing certain duties and responsibilities on 14.10.2009 at 2.30 p.m near M.G.R. Nagar, Gunddada Pirivi, Kotagiri, as per the instructions of the appellants and climbed up to the electrical post for connecting the disconnection wires of the electricity line. While performing his duties, due to wet condition of rainfall and shot circuit, the deceased was electrocuted and died on the spot instantly.

4. It is contended by the respondent / petitioners that the deceased husband of the 1st respondent was performing the duties and responsibilities of the Electricity Board at the instructions of the 1st respondent. Thus, the claim petition was filed, claiming a sum of Rs.8,64,000/-(Rupees Eight Lakhs and Sixty Four Thousand only) towards compensation under the Workmen Compensation Act, 1923.

5. The appellants filed a counter statement before the Deputy Commissioner of Labour for Workmen's Compensation, Coonoor, disputing the contentions by stating that the deceased Mr.N.Devan was not an employee of the Tamil Nadu Electricity Board at any point of time and in fact, the 1st petitioner had given a complaint before the Kothagiri Police Station. While denying the employment of Mr.N.Devan with the Tamil Nadu Electricity Board, the appellants disputed the contentions that they are liable to pay compensation under the Workmen Compensation Act, 1923. At the outset, it was contended that the deceased was not a workman and therefore, the Tamil Nadu Electricity Board is not liable to pay any compensation in favour of the respondents.

6. The competent authority under the Workmen's Compensation Act, conducted an adjudication by framing the issues, whether the accident occurred, when the deceased was on duty and whether the petitioners are entitled for compensation, if so, for what amount.

7. The findings of the authority reveals that the death occurred on account of the electrocution and further, the facts established before the competent authority was that the deceased Mr.N.Devan was performing electrical works in the Electrical post. He fell down from electrical post on account of the electrocution, sustained injuries and died instantly on the spot. The electrocution occurred on account of shot circuit due to the bad weather condition at the relevant point of time. The fact regarding the accident is not disputed by the appellants. The fact regarding the electrocution is also not disputes by the appellants herein. However, they defended the case by stating that the deceased was not a workman during relevant point of time and he was not engaged by the appellants for the purpose of performing the duties and responsibilities of the Electricity Board. The competent authority examined the eyewitnesses and the eyewitnesses deposed that the deceased Mr.N.Devan climbed the electrical post and was performing the electrical works on 14.10.2009. Per contra, t