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VIPIN CHANDRA DIXIT
Seema Devi – Appellant
Versus
Vimal Jain – Respondent
JUDGMENT :
VIPIN CHANDRA DIXIT, J.
1. This first appeal from order has been filed on behalf of claimant-appellant under Section 30(1)(a) of Employees Compensation Act, 1923 against the judgment and order dated 18.05.2022 passed by Employees Compensation Commissioner/Deputy Labour Commissioner, U.P. Ghaziabad Region, Ghaziabad in E.C.A. Case No. 164 of 2015 (Smt. Seema Devi Vs. Sri Vimal Jain and another) by which claim petition filed by claimant-appellant was dismissed.
2. Heard Sri Shekhar Srivastava, learned counsel for the appellant and Sri Yogesh Kumar Mishra, learned counsel appearing on behalf of respondent no. 2. No one is present on behalf of respondent no. 1 in spite of service of notice.
3. Brief facts of the case are that the claimant had filed claim petition under Section 3 of Employees Compensation Act, 1923 claiming compensation of Rs. 7,68,560/- along with 12% interest on account of death of her husband namely late Sri Mahendra S/o Dhruva @ Dhroop Singh, who died on 31.03.2015 while working at site no. C-130, Surya Nagar, Ghaziabad. It was the case of claimant before the Employees Compensation Commissioner that the deceased was an employee of opposite party no. 2 for the
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Compensation under the Employees’ Compensation Act requires proving an employer-employee relationship, which was not established, leading to the dismissal of the claim.
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The main legal point established in the judgment is the determination of the employer-employee relationship and the entitlement to compensation under the Workmen's Compensation Act.
A temporary employment relationship can be established under the Employees’ Compensation Act without a formal contract, relying on circumstantial evidence and admissions.
Vehicle owner hiring driver for short duration establishes employer-employee relationship under Employees’ Compensation Act via oral/implied contract, proved by owner’s FIR without written proof.
The central legal point established in the judgment is the interpretation of the circumstances under which the employer is liable for employees compensation under section 3 of the Employees Compensat....
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