- (1.) THE present appeal has been preferred against order and award dated 7th August, 1997. passed under the provisions of Workmen's Compensation Act, 1923 (hereinafter to be referred to as 'the Act).
(2.) UNDER 'Jaldhara Scheme' of the State Government it was decided to dig well at Government cost on the land possessed by Budhu Oraon alias Budur Runda. son of Bhairo Oraon of Village Doriya, P.S. Tamar, district Ranch!. Under the Scheme raiyat of the land was executing agent of construction work of well on behalf of the State. He being beneficiary of the Scheme, was to get the well dug and the Xavier Institute of Social Service, Ranchi was deputed by the State Government to supervise the Scheme and make payment of Labour Charges etc. The said Institute was not executing agent of the Scheme on behalf of the Government.
(3.) BUDHU Oraon alias Budur Runda was full brother of Dhup Oraon alias Dhun Oraon husband of respondent No. 1 herein, who was working as Mason for construction of well. On 10.5.1988 while he was doing brick work inside the well, there was land slide and on that account the said Mason received serious injuries. He was taken to Ranchi Medical College and Hospital, where he died.;