RABINDRA BHARATI BISWABIDYALAYA Vs. JAGANNATH PATRA
HIGH COURT OF ORISSA
Rabindra Bharati Biswabidyalaya
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BISWANATH RATH,J. -
(1.) This is an appeal at the instance of the employer under Section 30 of the Workmen's Compensation Act, 1923 arising out of judgment passed by the Asst. Labour Commissioner-cum-Commissioner for Workmen's Compensation, Bhubaneswar in W.C. Case No.134 of 2014.
(2.) Short background involving the case is that legal heirs of the deceased employee filed a case under Employees Compensation Act claiming appropriate compensation for death of the deceased Susanta Patra in course of his duty as a cook in Dr.B.R.Ambedkar Boys Hostel at about 6 P.M on 18.05.2015. It is claimed that while the deceased was pouring hot dal, suddenly his leg slept and he fell down on the Dal Karai and got burnt. Immediately after the accident, he was shifted to the R.G. Kar Hospital for treatment by the help of the students and staff of the Hospital. After 7 days of the incident, on 25.05.2013 at about 10.45 P.M. the treating physician declared him to be dead. A criminal case was instituted by Tala Police Station vide No.525 dtd. 26.05.2013 and P.S. G.D.E. No.2066 dtd.26.05.2013 and Baranagar P.S. G.D.E. No.2345 dtd. 26.05.2013. Vide P.M.No.944 dtd.26.5.2013, postmortem was also conducted on the dead body. The claimants claiming the deceased was 31 years old and was the only earning member of their family, for them sustaining heavy and irreparable loss due to sudden and unexpected death of their sole bread earner, the applicants under the premises that the deceased was getting a sum of Rs.6,000/- per month from the Hostel Superintendent working as a cook in the hostel under the employment of the University, claimed Rs.8,00,000/- as compensation. 2. On receipt of notice, the opposite parties, the present appellants appeared and filed their written statement stating that the deceased was never an employee of Rabindra Bharati Biswabidyalaya in any capacity either as a full time worker or part time or casual or on daily basis or in any other capacity. It is rather claimed by the appellants that the hostel of Rabindra Bharati Biswabidyalaya for boys was running by different vendors, who are given contract to run the hostel from time to time on contractual basis and the Biswabidyalaya is only the signatory in the contract with the vendors and therefore it is claimed that they have no liability in such issue.
(3.) To establish their case, the claimants have filed the copies of the investigation report regarding the particulars of employment of the deceased, nature of work and circumstances leading to the death of the deceased. Postmortem report, salary slip and some medicine bills were also filed. This apart, the claimants have also examined P.W.1 as one of the witnesses appearing to be father of the deceased. Entering into contest, the appellants-respondents therein contested the case by filing written statement. They also adduced evidence by producing one Balaram Majumdar, who was claimed to be working in the said hostel as Hostel Superintendent and was present at the time of such occurrence as OPW.1. On the basis of claim and counter claim, the Commissioner framed the following issues:
1. Whether the deceased was an employee within the meaning of E.C. Act and working under the Opp. Parties at the time of his accident?
2. Whether the accident arose out of and in course of the applicants employment?
3. Whether the amount of compensation as claimed by the applicants is due, or any part thereof?
4. Whether the Opp. Parties are liable to pay such compensation as is due? If yes, by whom payable. ;
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