FAO-2308-1994 (O& [132] Jeet Singh Sattan Coram : Present: PANKAJ J [1] existence o [2] to dig a w labourers in [3] engaged by cannot be h direct emp appellant. [4] [5] the fields o Singh Baw his liability (O&M) IN THE HIGH COURT OF AT CHANDIGA FAO-2308 Date of De Singh versus HON’BLE MR. JUSTICE PA Ms. Kuljeet Kaur, Advocate fo Advocate for the appellant. None for the respondent. **** KAJ JAIN, J. (ORAL) The only issue raised in the pr ence of an employer-employee relation Admittedly, the appellant enga ig a well in his fields. Mukhtiar rers including deceased-Nathu Singh Counsel for the appellant sub ged by Mukhtiar Singh Bawaria and n ot be held liable to pay compensation t employer-employee relationship b llant. The argument raised is miscon Admittedly, Nathu Singh son ields of the appellant. Even though, h Bawaria and not the deceased directl iability of being principal employe T OF PUNJAB AND HARYANA DIGARH 2308-1994 (O&M) of Decision : 26.02.2026 …Appellant ….Respondent PANKAJ JAIN cate for Mr. Gurdarshan Singh Sidhu, the present appeal is with respect to th elationship. t engaged one Mukhtiar Singh Bawar htiar Singh Bawaria further engage Singh. nt submits that since the deceased w and not by the appellant, the appella sation in the absence of there being an ship between the deceased and th isconceived. son of the claimant was working ough, the appellant engaged Mukhti directly, yet the appellant cannot escap ployer. The precise situation wa 1 idhu, ct to the Bawaria engaged sed was ppellant eing any and the rking in ukhtiar t escape was RAJNEESH SHARMA 2026.03.06 14:06 I agree to specified portions of this document FAO-2308-1994 (O& envisaged Employee’s (O&M) aged by the legislature and was tak loyee’s Compensation Act, 1923, whi 12. Contracting.— (1) Where any person (herei the principal) in the course of business contracts with any othe referred to as the contractor) contractor of the whole or any p part of the trade or business of liable to pay to any employee em any compensation which he wo employee had been immediate compensation is claimed from th references to the principal wer employer except that the amount with reference to the wages of t whom he is immediately employe (2) Where the principal is lia section, he shall be entitled to b any other person from whom t compensation, and where a cont liable to pay compensation or section he shall be entitled to be to him in the relation of a contra have recovered compensation, a and the amount of any such inde be settled by the Commissioner. (3) Nothing in this section sh employee from recovering comp of the principal. (4) This section shall not ap occurred elsewhere than on, in principal has undertaken, or usu to execute the work or which management.” as taken care of by Section 12 of th 3, which reads as under:- ereinafter in this section referred to of or for the purposes of his trade other person (hereinafter in this sectio tor) for the execution by or under t ny part of any work which is ordinari s of the principal, the principal shall e employed in the execution of the wo would have been liable to pay if th diately employed by him; and whe m the principal, this Act shall apply as were substituted for references to t ount of compensation shall be calculat s of the employee under the employer loyed. is liable to pay compensation under th to be indemnified by the contractor, om the employee could have recover contractor who is himself a principal or to indemnify a principal under th be indemnified by any person standin ntractor from whom the employee cou on, and all questions as to the right indemnity shall, in default of agreemen ner. on shall be construed as preventing a ompensation from the contractor instea t apply in any case where the accide , in or about the premises on which t usually undertakes, as the case may b ich are otherwise under his control 2 2 of the to as ade or ection er the inarily all be e work if that where ly as if to the ulated yer by er this tor, or overed ipal is er this anding could ight to ement, ing an nstead cident ich the ay be, trol or RAJNEESH SHARMA 2026.03.06 14:06 I agree to specified portions of this document FAO-2308-1994 (O& [6] appellant is contractor claimant as [7] order passe the amount the contrac [8] disposed of 26.02.2026 ‘R. Sharma' (O&M) In view of the mandate of Se llant is granted right to recover the c actor-Mukhtiar Singh Bawaria, liabi ant as ordered by the Commissioner c The present appeal is disposed r passed by the Commissioner to the e mount to the claimant and will be en ontractor. All pending miscellaneous ed off. .2026 Whether speaking/ reasoned Whether reportable of Section 12(2) of the 1923 Act, th r the compensation amount from th liability of the appellant to pay th oner cannot be interfered with. sposed off with the modification in th o the effect that the appellant shall pa be entitled to recover the amount fro neous application(s), if any, stand (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 3 Act, the om the pay the n in the hall pay nt from stands RAJNEESH SHARMA 2026.03.06 14:06 I agree to specified portions of this document