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2003 Supreme(MP) 595
High Court Of Madhya Pradesh
BHAWANI SINGH, S. L. JAIN
ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA - Appellant
Versus
ASHA CHOUHAN - Respondents
M. A. 909 Of 2002
Decided On : 04/30/2003
Rajesh Maindiratta
The main legal point established in the judgment is the determination of the employment status of the deceased and the liability of the principal employer under the Workmen's Compensation Act.
Headnote:
Workmen's Compensation Act - Employment - Section 2(l)(n), Section 12(1) - The judgment discusses the employment status of the deceased, the definition of a workman under Section 2(l)(n) of the Act, and the liability of the principal employer under Section 12(1). The court found that the deceased was employed by the Bank and that the Bank was the principal employer liable to compensate the death of the worker.
Fact of the Case:
The respondent filed a claim under the Workmen's Compensation Act, alleging that her husband, late Kishore Kumar Chouhan, was employed by the appellant-Bank and died as a result of injuries sustained in the course of employment. The Bank denied the employment and termination of the deceased's contract.
Finding of the Court:
The court found that the deceased was employed by the Bank and awarded compensation to the respondent. The court held that the deceased was a workman within the meaning of the Act and that the Bank was the principal employer liable to compensate the death of the worker.
Issues: The main issues were the employment status of the deceased and the liability of the Bank as the principal employer under the Act.
Ratio Decidendi: The court held that the deceased was a workman within the meaning of the Act and that the Bank was the principal employer liable to compensate the death of the worker. The court also discussed the definition of a workman under Section 2(l)(n) of the Act and the liability of the principal employer under Section 12(1).
Final Decision: The appeal was dismissed in limine as no substantial question of law was involved in the case.
( 1 ) BEING aggrieved by the order dated April 12, 2002 passed by the Commissioner for workmens' Compensation-curn-Labour court, Jabalpur hereinafter referred to as the "commissioner"), in Case No. 53/98 (fatal), the appellant has filed this appeal challenging the correctness, propriety and validity of the order and findings.
( 2 ) FACTS shorn of details and necessary for the disposal of this appeal are that the respondent had filed an application under the workmen's Compensation Act (hereinafter referred to as the "act") claiming a lump sum compensation of Rs. 1,55,985. 00 from the appellant-Bank, inter alia, alleging that her husband late Kishore Kumar Chouhan was in the employment of the appellant-Bank and expired on 19/06/1997 as a result of injuries sustained by him in the course of employment. It was put forth by the respondent that her husband was employed as an electrician in the appellant-Bank. It was also alleged that the monthly salary of her husband was Rs. 1,500. 00.
( 3 ) THE appellant filed a detailed reply submitting that the claim of the respondent is frivolous and based on incorrect facts. It was denied by the appellant-Bank that the husband of the respondent was in its employment. It was specifically submitted that in fact, the deceased was electrician by profession and was attending electrical faults and was undertaking electrical repairing work at the Bank on contract basis as and when required. It was also submitted that there is no post of electrician in the Bank, therefore, there was no question of employment of any person as an electrician.
( 4 ) IT was also the case of the appellant-Bank that the contract of deceased late Kishore Kumar Chouhan was terminated on 31/03/1997 regarding which intimation was also sent to him. After the termination of this contract the wife of deceased (respondent)installed two generators on hire basis in pursuance of the agreement dated 1/01/1996. The generators were hired to prevent the whole working of the Bank being paralysed in case of power failure. As per the terms of hire the maintenance of generators was the responsibility of the owner. Deceased Kishore kumar Chouhan was looking after the maintenance work of the generators on behalf of the owner who gave the same to the Bank on hire basis. According to the appellant-Bank the deceased was the employee of Smt. Asha chouhan, the respondent and not of the Bank. It was submitted by the appellant-Bank that the husband of respondent did not fall within the definition of workman as defined under Section 2 (l) (n)of the Act.
( 5 ) THE learned Commissioner, by the impugned order held that the deceased was in the employment of the Bank and accordingly, awarded compensation to the tune of Rs. 1,29,987. 00 to the respondent.
( 6 ) THE appellant-Bank deposited the awarded amount of Rs. 1,29,987. 00 along with an amount of Rs. 500,00 towards the costs with the Commissioner on May 10, 2002. The certificate as required under Section 30 of the act has also been filed along with the appeal.
( 7 ) SHRI R. Maindiratta, learned counsel for the appellant vehemently submitted that the commissioner failed to correctly appreciate the oral and documentary evidence adduced by the appellant-Bank which clearly shows that the husband of the respondent was never in the employment of the Bank and was in fact working on contract basis.
( 8 ) SMT. Asha Chouhan (AW 1), the widow of deceased has stated that her husband kishore Kumar Chouhan was working as electrician in the branch of appellant. As a result of injuries sustained by him in the course of employment he expired on 19/06/1997. When he was changing the cylinder of fire extinguisher an accident occurred because of explosion. She has also stated that her husband was employed by the Bank as electrician to maintain the regular supply of electricity in the branch.
( 9 ) AS against this, Shri J. K. Bhattacharya (NAW 1) has stated that the deceased was working as electrician on contra
