Case Note & Summary
The case involves an appeal under Section 30 of the Workmen's Compensation Act, 1923, filed by the appellants (non-applicants before the Commissioner) against the order of the Commissioner for Workmen's Compensation. The respondents (applicants) are the wife and minor daughters of the deceased Sawant Chouriwar, who died while polishing tiles at the appellants' house. The deceased was engaged by the appellants as a contractor for polishing tiles. The Commissioner held the appellants liable as employers and awarded compensation. The appellants challenged this, raising the substantial question of law whether the owner of the house who engaged a contractor for polishing tiles would be an employer of the contractor who expired while polishing the tiles. The court analyzed the relationship and found that the deceased was an independent contractor, not a workman employed by the appellants. The court held that the owner is not the employer of the contractor under the Act, as the contractor was not a workman within the meaning of the Act. The appeal was allowed, setting aside the Commissioner's order.
Headnote
A) Workmen's Compensation - Employer-Contractor Relationship - Section 30 of Workmen's Compensation Act, 1923 - The issue was whether the owner of a house who engaged a contractor for polishing tiles is the employer of the contractor who died while working. The court held that the owner is not the employer of the contractor under the Act, as the contractor was an independent contractor and not a workman employed by the owner. (Paras 1-3)
Issue of Consideration
Whether the owner of a house who engaged a contractor for polishing tiles would be an employer of the contractor who expired while polishing the tiles, for which he was engaged by the owner of the house.
Final Decision
Appeal allowed. Order of Commissioner for Workmen's Compensation set aside. Appellants not liable as employers.
Law Points
- Workmen's Compensation Act
- 1923
- Section 30
- Employer-Contractor Relationship
- Vicarious Liability
- Substantial Question of Law
Case Details
2017 LawText (BOM) (09) 227
First Appeal No.685 of 2010
Shri Shantanu S. Ghate a/w Ms. Rucha Pande, Advocate for Appellants; None for Respondents though duly served.
Haribhau @ Harishchandra Jagoji Singade and another
Smt. Anita wd/o Sawant Chouriwar and others
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Nature of Litigation
Appeal under Section 30 of the Workmen's Compensation Act, 1923 against order of Commissioner for Workmen's Compensation.
Remedy Sought
Appellants sought to set aside the Commissioner's order holding them liable as employers of deceased contractor.
Filing Reason
Commissioner held appellants liable as employers of deceased Sawant Chouriwar who died while polishing tiles at their house.
Previous Decisions
Commissioner for Workmen's Compensation awarded compensation to respondents (applicants) holding appellants as employers.
Issues
Whether the owner of a house who engaged a contractor for polishing tiles is an employer of the contractor under the Workmen's Compensation Act, 1923.
Submissions/Arguments
Appellants argued that deceased was an independent contractor, not a workman employed by them.
Ratio Decidendi
The owner of a house who engages a contractor for polishing tiles is not the employer of the contractor under the Workmen's Compensation Act, 1923, as the contractor is an independent contractor and not a workman employed by the owner.
Judgment Excerpts
This appeal filed under section 30 of the Workmen's Compensation Act, 1923 raises the following substantial question of law. 'Whether the owner of the house who had engaged the contractor for polishing the tiles would be an employer of the contractor who expired while polishing the tiles, for which he was engaged by the owner of the house.'
Procedural History
Respondents filed application before Commissioner for Workmen's Compensation claiming compensation for death of Sawant Chouriwar. Commissioner allowed application. Appellants filed appeal under Section 30 of the Act before High Court.
Acts & Sections
- Workmen's Compensation Act, 1923: 30
