Case Note & Summary
The present First Appeal was filed under Section 30 of the Workmen's Compensation Act, 1923 by the appellants, who are the original applicants (legal heirs of deceased Bhagojirao Uttekar), challenging the judgment and order dated 30.09.2008 passed by the Workmen's Compensation Commissioner, Vadodara in Workmen's Compensation Application (old) No. 36 of 1989, (new) No. 32 of 1998. The case of the applicants before the Commissioner was that the deceased was in the employment of opponent Nos. 1 and 2, who were in the business of putting up advertisement boards at public places. Opponent No. 1 was the contractor and opponent No. 2 was a supervisor. The deceased was being paid Rs.15/- per day over and above overtime charges. The opponents issued an attendant card in the name of 'Maharani Vallabhdas Shah'. On 06.11.1988, while painting an advertisement board opposite Saiyaji Hospital, Kubereswar Temple in Kirti Mandir compound, the deceased fell from the structure and sustained injuries. He was taken to hospital and during treatment, he expired. The deceased was aged about 39-40 years and, as per the claimants, was also doing other labour work earning Rs.30-35/- per day. A notice dated 24.12.1988 was issued by the applicants to the opponents as contemplated under the Act. Since the opponents failed to deposit the amount of compensation before the Commissioner, the claimants filed the application. The Commissioner dismissed the application on the ground that the deceased was not a workman of the opponents. The High Court, after hearing the learned advocate for the appellants, found that the Commissioner had not properly appreciated the evidence on record, including the attendant card and the fact that the deceased was painting an advertisement board for the opponents at the time of the accident. The Court held that the Commissioner ought to have considered the material and decided the matter afresh. Accordingly, the High Court allowed the appeal, set aside the impugned order, and remanded the case to the Commissioner for fresh adjudication, giving both parties an opportunity to lead evidence. The Commissioner was directed to decide the matter within six months from the date of receipt of the order.
Headnote
A) Workmen's Compensation - Employer-Employee Relationship - Burden of Proof - Section 30 of Workmen's Compensation Act, 1923 - The Commissioner dismissed the claim holding that the deceased was not a workman of the opponents. The High Court found that the Commissioner failed to properly appreciate the evidence, including the attendant card and the fact that the deceased was painting an advertisement board for the opponents at the time of accident. The Court held that the Commissioner ought to have considered the material on record and remanded the matter for fresh adjudication. (Paras 1-8) B) Workmen's Compensation - Compensation for Death - Remand - Section 30 of Workmen's Compensation Act, 1923 - The High Court set aside the impugned order and remanded the case to the Commissioner to decide the application afresh, giving opportunity to both parties to lead evidence. The Court directed the Commissioner to decide the matter within six months from the date of receipt of the order. (Paras 7-8)
Issue of Consideration
Whether the Workmen's Compensation Commissioner erred in dismissing the claim for compensation on the ground that the deceased was not a 'workman' under the Act, and whether the appellants are entitled to compensation for the death of Bhagojirao Uttekar arising out of and in the course of employment.
Final Decision
The High Court allowed the appeal, set aside the impugned order dated 30.09.2008, and remanded the matter to the Workmen's Compensation Commissioner, Vadodara for fresh adjudication. The Commissioner was directed to decide the application afresh after giving opportunity to both parties to lead evidence, within six months from the date of receipt of the order.
Law Points
- Workmen's Compensation Act
- 1923
- Section 30
- Employer-Employee Relationship
- Burden of Proof
- Compensation for Death
- Remand for Fresh Adjudication
