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1. This is an appeal by the Municipal Board, Almora against an order of the Deputy Commissioner, Almora sitting as Commissioner under the Workmen's Compensation Act awarding a sum of Rs. 1,260/- as compensation to a workman Jasod Singh who is respondent No. 1 in this appeal and the second respondent being the State of Uttar Pradesh. The facts leading up to this appeal are as follows :

2. A project for the electrification of the town of Almora was being executed by the U. P. Government on the material date. The workman Jasod Singh was one of the employees engaged in this work. His duty was to assist in the installation of poles and overhead cables. On 20-11-1950, while working on a pole he fell down and received injuries resulting in his permanent partial disability. He made an application for compensation under Section 3 of the Workmen's Compensation Act, claiming Rs. 2,520/-. The Municipal Board and the State were made defendants.

5. On the question whether the Municipal Board or the State was liable to pay the compensation, the Commissioner held that the Local Self-Government Engineering Department (hereinafter called L.S.G.E.D.) had been executing the work for the Municipal Board, Almora and for the Board's benefit. Accordingly, he held the Municipal Board alone to be liable for the compensation. Aggrieved by this decision the Board has come to this Court in appeal.

6. In this appeal the right of the workman to receive compensation is not in dispute, and the only question is whether the appellant Board is liable or the respondent the State of Uttar Pradesh. After hearing learned counsel for the parties I am of the opinion that, not the Board, but the State is liable.

9. Mr. Pant contended that the Municipal Board, Almora had contracted with the L.S.G.E.D. for the execution of a work which is ordinarily part of the trade or business of a Municipal Board under Section 7 (1) (a) of the U. P. Municipalities Act to make reasonable provision for lighting public streets and places and, under Clause (j) to provide a sufficient supply of pure and wholesome water where the inhabitants of the locality are endangered by the insufficiency or unwholesomeness of the existing supply. The respondent had to construct electric installations to enable it to perform its ordinary business and, therefore, the construction was also a part of that business. As the Board had contracted with the Government for the execution of the project, it is liable to pay to the injured workman the compensation exactly as if he had been immediately employed by it. This in brief is Mr. Pant's contention.

14. The appeal is, therefore, allowed with costs.

15. I have now to consider the proper order to be passed in this case. The amount of compensation paid by the Board has already been withdrawn by the workman Jasod Singh. In view of the finding of this Court, I award a sum of Rs. 1,260/- as compensation to Jasod Singh to be paid by the respondent State of Uttar Pradesh. As the workman has already been paid, he shall not be entitled to withdraw this amount, which shall be paid to the Municipal Board, Almora in lieu of the sum which they are entitled to withdraw as a result of the decision in this appeal.