M.Y.EQBAL, J. - (1.) THIS appeal is directed against the judgment and award dated 30.11.1994 passed by the Commissioner, Workmen Compensation Hazaribagh in WC No. 34/93, whereby he has awarded a sum of 1,05,898.20 as compensation to the claimants on account of death of late Inderjeo Yadav.
(2.) THE facts case lie in a narrow compass. The deceased Inderdeo Yadav was appointed as Home Guard in the District Commandant Bihar Home Guard Battalion, Hazaribagh. Service of some of the home guards including deceased were lien to the CC Ltd. for guarding Explosive Magazine stored at Koihara Rajrappa Project. On the fateful day, there was explosion in one of the Magazine, as a result of which the deceased Inderdeo Yadav died. The respondents who are the claimants filed claim before the Commissioner Workmen Compensation against the appellant CC Ltd. for the grant of compensation. The appellant CC Ltd. contested the said claim stating inter alia that the deceased was home guard, employed by the State Government and the CC Ltd. is not at all concerned in respect of the employment, payment of salary and other things. The appellant denied and disputed the relationship of employer and the employee between the CC Ltd, and the deceased.
(3.) FURTHER case of the appellant was that Explosive Magazine Store situated at Koihara was being operated by M/s ICI India Ltd, who is the manufacturer of explosives. Their further case is that on the date of occurrence the deceased was at rest and not on duty and therefor he is not entitled to compensation. During the pendency of the case M/s ICI India Ltd. was also impleaded as party respondent. A separate show cause was also filed by M/s ICI India Ltd. denying the relationship arid further stated that no compensations payable by it.;