H.N. Seth, J. - (1.) THIS appeal under Section 30 of the Workmen's Compensation Act by Messrs Maha Lakshmi Sugar Mills, Co. Ltd., is directed against an order dated 3 -9 -1971 passed by the Commissioner Workmen's Compensation, Sahranpur.
(2.) ON 18 -8 -1969, Sri Loku Ram Mulya filed an application under the Workmen's Compensation Act claiming compensation against M/s. Maha Lakshmi Sugar Co. Ltd., Saharanpur (Respondent No. 1), M/s. Electric Controls, Tarang, Cole Colony, Nasik (Respondent No. 2). He alleged that he was an employee of M/s. Electric Controls, Nasik. In the year 1967 M/s. Maha Lakshmi Sugar Mills Co. Ltd., placed an order with M/s. Electric Controls, Nasik for converting six of its units into centrifugal automation system. Besides other technical persons, M/s. Electric Controls deputed Sri Loku Ram Mulya to see that the machinery comprising of units Nos. 1 to 6 were converted and handed over to the Sugar Mills in working condition. Subsequently, Electric Controls deputed the applicant to look after and to attend to the minor defects, if any, that developed in the working of the machine in the ensuing sugar cane crushing season. On 14 -12 -1967, while the claimant was working on centrifugal machine No. 6, the boiler of machine No. 10 suddenly blasted off, resulting in the death of and injuries to a number of persons. The claimant was one of such injured persons. He accordingly, moved an application under the Workmen's Compensation Act and claimed compensation, amounting to Rs. 7,840/ - for the permanent disability caused to him by reason of the injuries received by him from Maha Lakshmi Sugar Mills and Electric Controls, Nasik. The claim made by Loku Ram Mulya was resisted both by M/s. Maha Lakshmi Sugar Mills Ltd., and M/s. Electric Controls, Nasik. According to M/s. Electric Controls, the applicant was no doubt its employee but his services had been lent to and kept at the disposal of M/s. Maha Lakshmi Sugar Mills Ltd. Sri Mulya sustained injuries, resulting in reduction of his earning capacity, during the course of his employment with M/s. Maha Lakshmi Sugar Mills Co. Ltd., and while he was working in the premises of M/s. Maha Lakshmi Sugar Mills when an accidental blasting of unit No. 10, which was totally under the control of Sugar Mills took place. As for all practical purposes, Sri Mulya was, at the time of the accident, an employee of M/s. Maha Lakshmi Sugar Mills Co. Ltd., it was that company alone which was liable to compensate him.
(3.) THE case set up by Maha Lakshmi Sugar Mills Co. Ltd., however, was that Sri Mulya was the employee of M/s. Electric Controls which used to pay him his wages. The position of M/s. Electric Controls was that of a contractor who had to complete a job under an agreement through its own employees and that the period of contract had not yet expired when the accident in question took place In the circumstances it was the responsibility of M/s. Electric Controls to compensate the claim and for any injury suffered by him during the course of his employment.;