FAO/84/2018
2021 Latest Caselaw 4552 Ori

                           FAO No.84 of 2018




6.   5.04.2021           This matter is taken up by video conferencing
                 mode.
                         Heard Mrs. S. Pattnaik, learned counsel appearing
                 on behalf of the Appellant and Mr. N.K. Mishra, learned
                 Senior Advocate appearing on behalf of the Respondent
                 Nos.1 & 2.
                         The dispute involved in this matter is with regard to
                 the question of liability involving the dispute between the
                 Appellant and the Respondent No.4 herein.
                         Considering the rival contentions of the parties and
                 looking to the provision in the Employees' Compensation
                 Act, this Court observes, the appeal can be disposed of by
                 granting liberty of right of recovery in favour of the
                 Appellant as against the Respondent No.4. It is, at this
                 stage of the matter, keeping in view the findings of the
                 learned Commissioner for Employee's Compensation-
                 cum-Deputy Labour Commissioner, Cuttack on issue
                 no.4 this Court finds, there is clear finding that the work
                 of   Opposite   Party   No.3   therein   i.e.   the   Managing
                 Director/Proprietor, M/s. Zindal Steel was being executed
                 by the Opposite Party Nos.1 & 2 therein. There is also
                 clear recording that the deceased was a fitter (Grade 1)
                 working under M/s. Gammon India Ltd.
                         It is, at this stage, Mr. Mishra, learned Senior
                 Advocate appearing on behalf of M/s. Gammon India Ltd.
                 submitted that for the nature of work, there might be
                 involvement of insurance policy and a statement is,
                 accordingly, made that there may not be any difficulty in
                 recovery of the amount and the claimants, therefore,
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       should not suffer. It is, in this view of the matter, while
       modifying the ordering portion of the judgment in E.C.
       Case No.503-D/2010, this Court directs, the amount
       deposited pursuant to the direction in E.C. Case No.503-
       D/2010 be released along with interest accrued thereon
       in the meantime, in favour of the claimant(s) forthwith.
       This Court also grants liberty of right of recovery in
       favour of the Appellant-M/s. Zindal Steel Ltd against the
       Respondent No.4. These two parties are at liberty to take
       help of insurance policy, if any, covering the workman
       more particularly at the relevant point of time.
             With the aforesaid direction the FAO stands
       disposed of.
             As restrictions due to COVID-19 situation are
       continuing, learned counsel for the parties may utilize a
       soft copy of this order available in the High Court's
       website or print out thereof at par with certified copy in
       the manner prescribed, vide Court's Notice No.4587,
       dated 25th March, 2020.


                                        ..............................

(Biswanath Rath, J.)

Ayas