Military Engineering Services (MES) of Room No. 143, Kashmir House, Rajaji Marg, New Delhi v. Soma Das (Deb) W/o Late Biswajit Deb
2018-08-07
ARINDAM LODH
body2018
DigiLaw.ai
JUDGMENT & ORDER : This is an appeal under Section 30(1) of the Employees’ Compensation Act, 1923 from the judgment dated 25.06.2016 passed by the Commissioner, Employees Compensation, West Tripura, Agartala in case No. TS(E/C)10/2014. 2. Heard Mr. H Deb, learned Asst. SG appearing for the appellants as well as Mr. S Datta, learned counsel appearing for the respondent Nos. 1 to 3 and Mr. Samarjit Bhattacharjee, learned counsel appearing for the respondent No.4. 3. The fact of the case, in brief, is that one Biswajit Deb, a workman under the respondent No.4, Sri Ajoy Acharjee, died due to electrocution on 18.02.2014 at about 1500 hrs. The respondent No.4, Sri Ajoy Acharjee was/is engaged as a contractor by the appellants and is associated with various types of works. An agreement was made between the appellants and the respondent No.4, Sri Ajoy Acharjee for discharge of the contract works detailing the modus operandi. The deceased Biswajit Deb, as per direction of the respondent No.4, was working in the 1100 KV line for manning and operation of the main receiving station at Agartala Military Station when he met with an accident and got electrocuted. His legal heirs filed claim application before the Commissioner, Workmen Compensation, West Tripura, Agartala. 4. The learned Commissioner after taking note of the respective pleadings of the parties, the evidence and materials on record has passed the judgment dated 25.06.2016 awarding compensation of Rs.4,50,560/- in favour of the claimants, who are the legal heirs of deceased Biswajit Deb. 5. Being aggrieved by and dis-satisfied with the said judgment dated 25.06.2016, the appellants, i.e. the Military Engineer Services (MES) and others have preferred the instant appeal before this Court. 6. Mr. H Deb, learned Asst. SG appearing for the appellants submits that the only ground of challenge in this appeal is that the learned Commissioner has directed the appellants to pay the compensation and thereafter, to recover the same by filing a separate case. His contention is that in terms of the agreement arrived at between the appellant and Sri Ajoy Acharjee, (Contractor), respondent No.4 herein, he is bound to pay all compensation arising out of the provisions of Workmen Compensation Act. Mr. Deb has contended that whatever compensation the learned Commissioner has decided, the appellant being the principal employer is entitled to recover the same from the bills of the Contractor, respondent No.4 herein. Mr.
Mr. Deb has contended that whatever compensation the learned Commissioner has decided, the appellant being the principal employer is entitled to recover the same from the bills of the Contractor, respondent No.4 herein. Mr. Deb has further stated that the amount of compensation as decided by the Commissioner, Workmen Compensation has already been paid in full to the claimants, i.e. the legal heirs of the deceased. 7. Having regard to the submissions of the learned Asst. SG in challenging the judgment dated 25.06.2016, this Court thinks it would be proper to pass necessary directions to the effect that the appellants would be entitled to recover the amount of compensation from the running bills of the respondent No.4. 8. Accordingly, it is ordered that the appellants shall be at liberty to deduct or recover the amount as awarded by the Commissioner, Workmen Compensation, (now amended as Employees Compensation) from the bills of the respondent No.4, Sri Ajoy Acharjee (Contractor). 9. With this observation and direction, the instant appeal is allowed to the extent as indicated above and disposed of.