Punjab-Haryana High Court
State Of Haryana And Others vs Smt.Saroj Bala Wife Of Late Sh. Sharam ... on 21 July, 2008
Author: Permod Kohli
Bench: Permod Kohli
FAO NO.4027 OF 2005 :1:
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
DATE OF DECISION: 21.7.2008
State of Haryana and others
...Appellants
VERSUS
Smt.Saroj Bala wife of late Sh. Sharam Singh etc.
...Respondents
CORAM
HON'BLE MR.JUSTICE PERMOD KOHLI
PRESENT: Mr.Ashish Sharma, DAG, Haryana for appellants
Mr.R.S.Madan, Advocate for respondents no.1 & 2
Permod Kohli, J. (Oral)
This common order will dispose of FAO Nos.4027 and 4028 of 2008 as both the appeals involve common questions of law and facts.
The State has preferred two appeals against the award dated 21.2.2005 passed by the Commissioner Workmen's Compensation Act, 1923 where under an amount of Rs.4,85,239/- has been awarded to the respondents-claimants as compensation including interest on account of death of Dharam Singh and Rs.4,96,044/- has been awarded to the respondents-claimants as compensation FAO NO.4027 OF 2005 :2: including interest on account of death of Tika Ram.
As a matter of fact, two claim petitions have been decided vide the impugned judgment and award. The claimants filed the claim petitions seeking compensation on account of death of Dharam Singh in Claim Application No.38 of 2003 and on account of death of Tika Ram in Claim Application No.14/2003. It was alleged that deceased Dharam Singh was working as Fitter while deceased Tika Ram was working as Helper in the Public Health Department at Narwana and were drawing the monthly salary of Rs.8200/- and Rs.5200/- respectively. On 25.9.2002, both the deceased were assigned duties to repair the damaged pipeline at one trench at village Bhikawala, tehsil Narwana, District Jind. On that day, at about 10.30 a.m. when both of them alongwith one Rajinder were working the said trench which was 12 feet deep, a heap of earth/soil fell upon all the three persons and they died. Respondents, appellants herein, though admitted that they were the public servants, however, it was pleaded that the work of repairing was assigned to one Ram Singh, Contractor and both these persons were working illegally with him at the time of the occurrence. The Commissioner framed as many as four issues as under:-
"1.Whether the present claim applications are maintainable under the Workman's Compensation Act, 1923 or not, if so to what its effect?
2.Whether the injuries/death caused by accident FAO NO.4027 OF 2005 :3: of Dharam Singh and Tika Ram arising out of and during the course of employment? If so, to what its effect?
3.Whether the applicants are entitled to the claimed amount or not? If so, with what detail and from whom?
4.Rlief."
On the basis of the evidence, the Commissioner came to the finding that both the deceased were public servants and they were working in the Trenches at the time of their death. The Commissioner relied upon salary slips, Ex.AW2/1 and Ex.AW2/2 and also the statement of SDO, Public Health Department, Narwana who appeared as a witness on behalf of the State and admitted that the deceased were the government servants. On the basis of the aforesaid evidence, the impugned award has been passed.
Learned counsel appearing for the appellants/State has vehemently argued that they were the employees of the Contractor at the time of death. According to the learned counsel, the work was assigned to the Contractor and the deceased were illegally working with him. However, the Commissioner has not accepted this plea of the State for want of evidence to establish the case.
I have heard learned counsel for the parties and perused the impugned judgment. There is absolutely no evidence whatsoever to establish that the deceased Dharam Singh and Tika Ram were working for Contractors at the time of death. To the contrary, FAO NO.4027 OF 2005 :4: there is abundance of evidence on record in the shape of salary bills to establish that they were government servants and were working to repair the pipeline. I do not find any legal infirmity in the impugned award. In find no merit in both the appeals which are accordingly dismissed.
A copy of this order be placed on record of each concerned file.
(PERMOD KOHLI) JUDGE 21.7.2008 MFK FAO NO.4027 OF 2005 :5: