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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Director, Interim Test Range (ITR), Chandipur – Appellant
Versus
Sk. Harash Uddin – Respondent
JUDGMENT :
Sanjeeb K Panigrahi, J.
1. In this appeal, the appellant seeks a direction from this court to set aside the order dated 22nd March, 2016 of the Commissioner for Employees Compensation and Assistant Labour Commissioner, Balasore in E.C. Case No.03 of 2011, holding that no liability can be fastened on Opp. Party No.2, and dismiss the claim as not maintainable against it.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) The Respondent Nos. 1, 2 and 3 filed E.C. Case No. 3 of 2011 before the Commissioner for Employees’ Compensation-cum-Assistant Labour Commissioner, Balasore, seeking compensation in connection with the death of Sk. Sajiduddin, who had been working on a forklift machine at the Interim Test Range (ITR) on 02.12.2010 at around 6 p.m.
(ii) The claimants described themselves as dependants of the deceased and stated that he had been functioning in the capacity of a Fitter Mechanic at the relevant time. It was stated in the proceedings that the deceased had been engaged through Opp. Party No. 1, a contractor, who had entered into an agreement with Opp. Party No. 2, the Director, Interim Test Range, on 20.08.2010, with the contractual perio
Principal employers cannot evade liability for employee compensation under statutory provisions, despite contractual exemptions, as the rights of workmen supersede such agreements.
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.
The principal employer is jointly liable for compensation claims of employees engaged through contractors, ensuring workers receive adequate compensation for workplace injuries.
The principal employer is liable to pay compensation to the employees who have been engaged by him through the contractor for the work which the principal employer is supposed to carry out by his own....
Employer liability under the Employees' Compensation Act arises immediately upon personal injury occurring in the course of employment, with appellate jurisdiction limited to substantial questions of....
Compensation under the Employees’ Compensation Act requires proving an employer-employee relationship, which was not established, leading to the dismissal of the claim.
The primary responsibility to pay compensation for the death of laborers during the course of employment lies with the owner of the property, as per Section 12(1) of the Employees' Compensation Act.
Insurance Company’s liability established for employee injuries during employment; appeals under Employees' Compensation Act are limited to substantial questions of law, not factual reassessment.
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