Gujarat High Court
Bhutabhai Angadbhai And Anr. vs Gujarat Electricity Board And Ors. on 10 September, 1986
Equivalent citations: (1987)1GLR617
JUDGMENT S.A. Shah, J.
1. This appeal arises out of the judgment and award dated 18-5-1985 passed by the learned Commissioner of Workmen Compensation, Junagadh, in Workmen Compensation Case No. 31 of 1984 filed by the parents (appellants herein) of deceased Anilkumar who died on 1-6-1982 due to the injuries sustained by him on account of electric shock which he received while he was doing the work of painting the electric pole on 30-5-1982 near Dolatpura Sub-Station belonging to the Gujarat Electricity Board (Respondent No. 1)(hereinafter referred to as 'the Board').
2. The appellants claimed Rs. 90,000/- as compensation against the Board who is the owner of the said sub-station and electric pole as also against its Executive Engineer (Transmission) at Dhoraji (Respondent No. 2) and one Khakha Hamir, Labour Contractor of the Board (Respondent No. 3). The Commissioner of Workmen Compensation, Junagadh (hereinafter referred to as 'the Commissioner') by his aforesaid judgment and order awarded an amount of Rs. 24,000/- as compensation and Rs. 12,000/- as penalty, totalling to Rs. 36,000/- with interest and costs only from Respondent No. 3-Contractor, and rejected the claim of the appellants-claimants against the Board and its Executive Engineer (Respondents Nos. 1 and 2). Being aggrieved by the said judgment and award, the appellants (parents of deceased Anilkumar) have filed this appeal and prayed that the award may also be passed against Respondents Nos. 1 and 2.
3. The question that arises for our consideration is whether deceased Anilkumar, who was engaged for doing the work of painting the electric poles of Dolatpura Sub-Station belonging to the Board, was doing the work which was ordinarily a part of the trade or business of the Board. The facts of this case, in short, which are more or less not disputed, are as under:
4. Deceased Anilkumar had studied upto 12th Standard and passed the Wireman Examination. He was aged about 20 years at the time of the incident. On 30-5-1982 while he was doing the work of painting the pole at Dolatpura Sub-Station of the Board he received electric shock and burns. He was admitted in the hospital where he ultimately died on 1-6-1982. There is no dispute regarding his salary, etc.
5. The learned Commissioner has observed that both the sides have admitted that deceased Anilkumar expired while he was doing the work of painting on the Electric pole. There is no dispute that the deceased was employed by respondent No. 3 who had obtained contract from the Board for painting of the Sub-Station including the electric poles belonging to the Board. However, it was contended on behalf of the Board that deceased Anilkumar was employed by Respondent No. 3 and that he was injured in the ordinary course of business of Respondent No. 3. The learned Commissioner came to the conclusion that painting of electric pole was not originally part of the business of the Board and, therefore, on that ground he non-suited the appellants so far as Respondents Nos. 1 and 2 were concerned.
6. Before we consider the statutory provisions of Section 12 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'), we will first examine the functions of the Board. Section 18 of the Electricity (Supply) Act, 1948 (hereinafter referred to as 'the Supply Act') falls under Chapter IV which deals with "Powers and duties of State Electricity Boards and Generating Companies". Material part of Section 18 of the Supply Act which is relevant for our purposes reads:
18. Subject to the provisions of this Act, the Board shall be charged with the following general duties, namely:
(a) to arrange, in co-ordination with the Generating Company or Generating Companies, if any, operating in the State, for the supply of electricity that may be required within the State and for the transmission and distribution of the same in the most efficient and economical manner with particular reference to those areas which are not for the time being supplied or adequately supplied with electricity.
(b) to supply electricity as soon as practicable to licensee or other person requiring supply if the Board is competent under this Act so to do.
xxx xxx xxx to operate the generating stations under its control in co-ordination with the Generating Company or Generating Companies, if any, operating in the State and with Government or any other Board or agency having control over a power system.
Over and above several other functions, the Board has also the power and obligations of a licensee under Act No. 9 of 1910. Under the Scheme of the Supply Act, which provides for rationalisation of the production and supply of electricity, the Board is charged with supply of electricity either by generating or purchasing the same from other licensees and distributing it through its transmission lines efficiently and economically by, popularly known as, 'Grid System'. It, therefore, follows that the Board has not only to lay down the distribution lines, but also to maintain and preserve the same, and for that purpose it is absolutely necessary for the Board for efficient discharge of this function to maintain the electric poles, and for maintaining the same it is also necessary to paint them so as to protect them against rust and weather.
7. The aforesaid obligation of the Board to maintain its distribution lines is further made clear by Section 26 of the Supply Act, which reads as under:
26. Subject to the provisions of this Act, the Board shall, in respect of the whole State, have all the powers and obligations of a licensee under the Indian Electricity Act, 1910, and this Act shall be deemed to be the licence of the Board for the purposes of that Act.
The provisos to the aforesaid section are not relevant for our purposes.
8. If the Board is required to maintain the distribution lines for the purpose of supply of electricity either to the bulk consumers or to petty consumers, then maintaining of such distribution lines will be said to be the ordinary part of the trade or business of the Board. The Board may either maintain the distribution lines by employing its own servants or, in a given case, may give a contract to do the same. If the Board instead of maintaining its distribution lines through its servants, which is the ordinary part of its business, gives a contract to a petty contractor, the same cannot absolve the Board from its liability of the workmen employed by the contractor for doing the ordinary part of the business of the Board in case of accident.
9. The object of enacting Section 12 of the Act is to give protection to the workmen and secure compensation from the persons who can pay and in case of an accident such workmen will not be dependent, sometime upon a petty contractor who will not be able to pay compensation on account of his financial inability. In our opinion, the main object of enacting Section 12 of the Act is to secure compensation to the employees who have been engaged through the Contractor by the principal employer for its ordinary part of the business, which, in the ordinary course, the principal employer is supposed to carry out by its own servants.
10. While imposing this liability on the principal employer, sub-Section (2) of Section 12 of the Act has provided that the principal employer will be entitled to be indemnified by the contractor in case the principal employer is required to pay compensation to the employees of the contractor.
11. It has not been disputed that the deceased-workman was painting the pole of the distribution lines belonging to the Board at its Dolatpura Sub-Station The learned advocate of the Board did not dispute that death of the deceased-workman occurred on account of the accident when he was doing the work of painting the pole on the said distribution lines, and that he met with his death on account of the electric shock. Therefore, the accident is directly connected not only with the fact that the deceased workman was painting the pole of the distribution lines, and he met with the accident on account of the electric shock receiver by him at that time. This shows that electric current was passing through the electric conductors even though the work of painting of the poles was going on. In these circumstances we have no hesitation in arriving at the conclusion that the Board is also liable to compensation to the appellants.
12. In the result, therefore, the appeal is allowed. The judgment and ,, order of the Tribunal, so far as the claim of the appellants against the v Board is concerned, are set aside, and it is directed that the award for the same amount may be passed also against respondent No. 1-Board, with costs.