ZILA SAHAKARI KENDRA BANK MARYADIT versus SHAHJADI BEGUM AND ORS.

ZILA SAHAKARI KENDRA BANK MARYADIT versus SHAHJADI BEGUM AND ORS.

When a vehicle and its workman (driver) are requisitioned for state election duty, the control and responsibility for the workman’s activities pass to the State (requisitioning authority) under Section 2(e) of the Workmen’s Compensation Act, making the State the employer for the period of requisition. Therefore, the...

Source-derived case information.

Parties
Appellant: Zila Sahakari Kendra Bank Mary Adit; Respondent No. 1: Shahjadi Begum; Respondents: State authorities (including Respondent No.2 and District Election Officer, Respondent No.4)
Jurisdiction
India
Judgment Date
29 September 2006
Procedural Posture
Civil Appeal / Supreme Court Civil Appellate Jurisdiction, Appeal From the Final Judgment and Order of the High Court of Madhya Pradesh at Jabalpur
Outcome
Appeal partly allowed.
Legal Topics
Workmen's Compensation, Employer Employee Relationship, Jurisdiction of Commissioner Under Workmen's Compensation Act
Labour Law Workmen's Compensation Employer Employee Relationship Jurisdiction of Commissioner Under Workmen's Compensation Act

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Parties

Zila Sahakari Kendra Bank Mary Adit

Appellant

Shahjadi Begum

Respondent No. 1

State authorities (including Respondent No.2 and District Election Officer, Respondent No.4)

Respondents

Procedural Posture

Civil Appeal / Supreme Court Civil Appellate Jurisdiction, Appeal From the Final Judgment and Order of the High Court of Madhya Pradesh at Jabalpur

Legal Issues

  1. 1 Whether, for the purposes of compensation under the Workmen's Compensation Act, 1923, the employer was the bank or the requisitioning authority (State) when the driver died during requisitioned election duty.
  2. 2 Whether the Commissioner for Workmen Compensation and the High Court erred in holding the bank liable and not condoning delay in appeal.

Ratio Decidendi

When a vehicle and its workman (driver) are requisitioned for state election duty, the control and responsibility for the workman’s activities pass to the State (requisitioning authority) under Section 2(e) of the Workmen’s Compensation Act, making the State the employer for the period of requisition. Therefore, the bank was not liable to pay compensation, and directing it to do so was wholly without jurisdiction.

Court Disposition

Appeal partly allowed.

Orders

  • The State (requisitioning authority) is liable to pay compensation for the death of the driver.
  • Appellant bank to be reimbursed by the State for the amount of compensation already deposited within eight weeks, failing which the amount will carry interest at 6% per annum from the due date till actual payment.