N.K. MEHROTRA, J. - (1.) This is an appeal under Section 30 of the Workmen's Compensation Act, 1923 against the judgment and order dated 16/06/2001 passed by the Workmen's Compensation Commissioner/Deputy Labour Commissioner, Lucknow Region, Lucknow in Girdhari Lal Sharma v. Managing Director, ELDECO Housing and Industries Ltd. W.C. Case No. 19/1997.
(2.) Girdhari Lal Sharma was a piece rate contractor engaged by the respondent and he was earning Rs. 2,600/- average monthly income from the work given by the respondent. When he was working on an electric pole, he was shocked by the electricity current and ultimately he became paralysed. He filed a petition for compensation. The learned Commissioner found that he is not a workman employed by the respondent but even then since he was contractor engaged by the respondent and since he has become permanently paralysed, he awarded a sum of Rs. 30,000/- as compensation. It is against this order, Girdhari Lal Sharma has preferred this appeal.
(3.) I have heard the learned counsel for the parties. The only question involved in this appeal is that whether the claimant is workman as defined under Section 2(l)(n) been interpreted. The relevant portion of the aforesaid case is as follows: "The concept of employment involves three ingredients: (1) employer (2) employee, and (3) the contract of employment. The employer is one who employs, i. e., one who engages the services of other persons. The employee is one who works for another for hire. The employment is the contract of service between the employer and the employee whereunder the employee agrees to serve the employer subject to his control and supervision. Can it be said that a Sattedar is employed by the management of the factory to serve under it ? There is well understood distinction between a contractor and a workman and between contract for service and contract of service. In STROUD'S JUDICIAL DICTIONARY (Third Edition, Volume 1, Page 616) the distinction between a contractor and a workman is brought out in bold relief in the following manner: "Of course every person who makes an agreement with another for the doing of work is a contractor, in a general sense, but as used in Workmen's Compensation Act; and "Workman" have come to have a more restricted and distinctive meaning, and "Contractor" means one who makes an agreement to carry out certain work specified, but not on a contract of service.";