SARAT CHANDRA ROUT Vs. HRUSI PATRA

JUDGEMENT

(1.) These three appeals under section 30 of the Workmen's Compensation Act, 1923 are directed against the common decision passed by the Deputy Labour Commissioner & Commissioner For Workmen's Compensation, Rourkela (in short, 'the Commissioner') in three different claim cases, awarding compensation to claimant-respondent No. 1 in each of the appeals.

(2.) The present appellant had been engaged as contractor under the Executive Engineer, P.W.D., Keonjhar, for repair and extension of the Settlement Office Building at Keonjhar. While the work was in progress on 24.6.1987, suddenly there was heavy rain and storm forcing the three labourers to take shelter in a nearby building along with unused cement bags. At that time, the overhead live electric wire fell on the labourers causing injuries which ultimately resulted in death of two of the labourers. Two claim applications were filed by the legal heir-cum-dependants of two labourers and the third claim case was filed by the injured labourer herself.

(3.) The Commissioner found that the labourers were workmen under the present appellant who had been engaged as a contractor by the Executive Engineer. Accordingly, the Commissioner directed payment of compensation to the claimants by the Executive Engineer, as the Executive Engineer was the principal employer, with the observation that the contractor, namely, the present appellant, is to reimburse the amount to the Executive Engineer.