- (1.) Learned counsel for the respondent No.1 submits that the controversy involved in the present appeal is square covered by a decision of Coordinate Bench of this Court delivered in SBCMA No.75/1999 Assistant Engineer, GWD, Banswara Vs. Rakma Bhil & Anr. (along-with 5 connection matters) decided on 29.05.2001, in which the Coordinate Bench has held as under: In view of overwhelming material on record, the respondents claimants sustained injuries while executing the work of digging drain, for this they were engaged by the GWD for carrying out the work of digging drain and operated by the BWD and as such workmen were employed by the GWD at the rate of Rs.32/- per day. While working at the site of Richhadi Lift Pariyojna there was a sudden blast of detonator (tota) and that resulted in causing injuries to the claimants and as such GWD being in contract with the employer DRDA is equally responsible for making payment of compensation to the claimants for their personal injuries. In view of the aforesaid discussion, in my considered opinion, no error could be found with the judgment and award impugned passed by the learned Commissioner. In view of aforesaid discussion, I hold the appellant Additional Collector (Development) District Rural Development Authority as a principal employer liable for payment of compensation as well appellant Assistant Engineer GWD, Banswara liable for payment of compensation to the respondent claimants of all the three claims cases i.e. W.C. Case No.3/96, 4/96 and 10/96. Accordingly, there is no merit in all the aforesaid six appeals. Accordingly, the appeal Nos. 75/99, 76/99 and 77/99 filed by the Assistant Engineer, GWD as well as Appeal Nos. 62/99, 63/99 and 64/99 filed by Additional Collector (Development) DRDA are hereby dismissed, with no order as to costs. (H.R. PANWAR), J
(2.) Learned counsel for the respondent No.1 submits that this one case was left when the aforesaid was decided by the Coordinate Bench of this Court on 29.05.2001 and the present appeal may also be disposed of in same terms as decided in SBCMA No.75/1999.
(3.) Nobody appears for the appellant- State.;