Delhi High Court
Shri Om Prakash And Anr. vs Commissioner, Employee ... on 28 May, 2021
$~A-14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 28th May, 2021
+ W.P. (C) 8883/2019 & CM APPLs.36650/2019 & 36651/2019
OM PRAKASH AND ANR. ..... Petitioners
Through: Mr. Vinod K. Singh,
Advocate
versus
COMMISSIONER, EMPLOYEE
COMPENSATION AND ORS. ..... Respondents
Through: None
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
J U D G M E N T (ORAL)
1. The petitioners have challenged the order dated 23 rd
December, 2013 passed by the Commissioner, Employees'
Compensation and the recovery proceedings initiated in pursuance
thereto.
2. This case relates to the accident dated 14th October, 2012. The
petitioners were constructing a tin shed/godown at property bearing
Kh No. 361, Pipeline Road, Near Tata Dharam Kanta, Alipur, Delhi
through a contractor. During the course of the construction, the wall
collapsed which resulted in death of two labourers, namely, Pintoo
and Shravan and injury to one named Mithilesh Kumar. This
accident was reported in Dainik Jagran and Punjab Kesari
W.P.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
newspapers on 15th October, 2012. The Commissioner, Employees'
Compensation received a letter dated 22nd April, 2013 from National
Human Rights Commission with respect to the above accident
whereupon he issued notice dated 31st May 2013 under Section 10A
of the Employees Compensation Act to the petitioners.
3. The petitioners appeared before the Commissioner,
Employees' Compensation and submitted the reply in which they
stated that respondent No.2 is the owner of the subject property and
he authorized the contractor Suresh to construct the tin shed/godown
in their property; the contractor engaged the labourers and agreed to
bear the liability of any mis-happening during the construction work;
and the contractor gave an affidavit dated 23rd May, 2012 to the
petitioners in this regard. The Commissioner, Employees'
Compensation issued the notice to the contractor, Suresh, who
appeared on 18th December, 2013 and submitted the reply in which
he stated that he was working as a Mistri with petitioner No.2 and he
did not give any signed document to the petitioner.
4. The Commissioner, Employees' Compensation in the
impugned order dated 23rd December, 2013 noted that respondent
No.2 admitted in his reply that he is the owner of the subject
property and he was carrying on the construction of godown and a
wall fell down which resulted in the death of two labourers, Pintoo
and Shravan and injury to third labourer, Mithilesh Kumar. With
respect to the defence raised by petitioner No.2 that the contractor
alone was liable, the Commissioner, Employees' Compensation
noted that Section 12(1) of the Employee's Compensation Act fixes
W.P.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
the primary responsibility in the first instance to pay the
compensation on the owner of the property.
5. The Commissioner, Employees' Compensation rejected the
defence of the petitioners that the contractor alone is liable to pay the
compensation. The Commissioner, Employees' Compensation
awarded compensation of Rs.7,88,902/- each to the legal
representatives of Pintoo and Shravan. The Commissioner directed
the petitioners to deposit Rs.15,77,804/- towards compensation in
both the cases along with simple interest @ 12% per annum from the
date of accident within 30 days.
6. The petitioners have challenged the impugned order on the
grounds that the petitioners were not afforded any opportunity to
defend the case and no issues were framed.
7. The Commissioner, Employees' Compensation issued the
notice dated 22nd October, 2012 to respondents No.1 and 2 who
appeared before the Commissioner, Employees' Compensation. The
respondent No.2 admitted to be the owner of property in question
and he submitted that he had authorized the contractor namely
respondent No.3 to construct the tin shed/godown. Respondent No.2
claimed that respondent No.3 being the contractor alone is liable to
pay the compensation. Respondent No.3 also appeared before the
Commissioner, Employees' Compensation and submitted that he
was working as Mistry with respondent No.2 and he denied any
liability to pay the compensation.
8. The Commissioner, Employees' Compensation held that
respondent No.2 liable to pay the compensation. The Commissioner,
W.P.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
Employees' Compensation awarded compensation of Rs.7,88,902/-
along with interest @ 12% per annum from the date of accident to
the legal representatives of Pintoo as well as Shravan.
9. This Court is of the view that this writ petition is not
maintainable in view of the remedy of appeal available to the
petitioner under Section 30 of the Employees' Compensation Act.
10. Notwithstanding the non-maintainability of the writ petition,
this Court is satisfied that in view of the admission of the petitioners
before the Commissioner, Employees' Compensation that Pintu and
Shravan were employed through the contractor, they are liable for
the compensation for death of Pintoo and Shravan during the course
of employment on 14th October, 2012. For the aforesaid reasons, the
writ petition is dismissed.
11. The petitioner has deposited Rs.15,80,000/- with the Registrar
General of this Court. The Registrar General is directed to transfer
the said amount along with interest accrued thereon to DSLSA
within three weeks.
12. Learned counsel for the petitioners submits that the petitioners
be granted recovery rights to recover the award amount from the
contractor. The petitioner is at liberty to initiate separate proceedings
to recover the award amount from the contractor in accordance with
law.
13. DSLSA shall verify the status of the legal representatives of
Pintoo and Shravan and thereafter, the compensation amount be
released to them in a phased manner according to their financial
condition.
W.P.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
14. Copy of this judgment be sent to DSLSA.
J.R. MIDHA, J.
MAY 28, 2021
ds
W.P.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:01.06.2021
14:12:02
