Case Note & Summary
The High Court allowed an appeal challenging the Labour Commissioner's rejection of a compensation claim under the Employees' Compensation Act, 1923. The appellants, dependents of a deceased driver, claimed compensation after the driver died in an accident while driving a vehicle owned by opponent no.1. The Labour Commissioner had rejected the claim, finding no employer-employee relationship. The High Court analyzed the statutory definitions under the Act and found that temporary hiring of a driver for a specific journey constituted employment. The Court relied on opponent no.1's statement in the FIR that he had hired the deceased to drive to Rajasthan for a funeral. The Court held that the relationship was established and reversed the Labour Commissioner's order, awarding compensation to the appellants.
Headnote
The High Court of Judicature at Bombay allowed the first appeal filed under Section 30 of the Employees' Compensation Act, 1923 -- The Court reversed the order dated 9 May 2012 passed by the Labour Commissioner -- The Labour Commissioner had rejected the compensation application on the ground that employer-employee relationship was not established -- The Court held that temporary hiring of a driver for a specific journey constitutes employment under the Act -- The deceased was driving vehicle belonging to opponent no.1 when the accident occurred on 29 March 2009 -- The Court analyzed Section 2(dd) and Section 2(e) of the Employees' Compensation Act, 1923 -- The definition of 'employee' includes persons recruited as drivers under Section 2(dd)(ii)(c) -- Schedule II(xxv) specifically includes 'employed as a driver' -- The Court found that opponent no.1's statement in the FIR established the hiring arrangement -- The Insurance Company's argument about negligence was irrelevant under the Employees' Compensation Act -- The appeal was allowed with costs and compensation was awarded
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Issue of Consideration: Whether the Labour Commissioner was justified in rejecting the application for compensation on the ground that the relationship between the deceased and opponent no.1 of employer-employee was not established
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Final Decision
The appeal was allowed -- The Labour Commissioner's order dated 9 May 2012 was set aside -- Compensation was awarded to the appellants under the Employees' Compensation Act, 1923 -- Costs were awarded to the appellants
