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IN THE HIGH COURT OF JUDICATURE AT MADRAS
,
The appellant – Appellant
Versus
The legal heirs of Ganesan – Respondent
| Table of Content |
|---|
| 1. establishing employer-employee relationship via contractual wage payment and loaned services. (Para 2 , 21 , 22 , 23 , 24 , 25) |
| 2. facts of accident and claim petition context. (Para 3 , 4 , 6 , 7 , 27 , 28) |
| 3. appellant’s arguments denying employer liability and scope of employment. (Para 5 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. respondents’ arguments establishing appellant as principal employer. (Para 15 , 16 , 17 , 18) |
| 5. court’s analysis on employer definition, course of employment, and notional extension doctrine. (Para 19 , 20 , 26 , 29 , 30 , 31 , 32 , 33 , 34) |
ORDER
Aggrieved by the order passed by the Commissioner for Employees Compensation (for short ‘the Commissioner’) in E.C. No.253 of 2015 awarding compensation in a sum of Rs.3,79,120/- and in default of payment within 30 days thereof, awarded interest of 12% p.a., the appellant is before this Court through the present appeal.
2. The brief facts necessary for the disposal of this appeal are as under :-
The appellant and the 5th respondent had entered into an agreement on 21.7.2006 in and by which the sugarcane raised in the land of the 5th respondent, upon harvest, is delivered to the appellant at tonnage pric
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