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High Court of Punjab and Haryana · body

2001 DAILYLAW 1544 (PNJ)

STATE OF HARYANA v. JEETO ETC

FAO/4088/2001 · 2026-03-09

Pankaj Jain

body2001

Judgment text

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FAO-4088-2001 [215] Food and S Chandigarh Jeeto and o Coram : Present: PANKAJ J [1] 20.11.2001 2001 (O&M) IN THE HIGH COURT OF AT CHANDIGA FAO-4088 Date of De and Supply Department, Haryana, digarh and another versus and others HON’BLE MR. JUSTICE PA Mr. Paramjeet Singh, DAG, H None for the respondents. **** KAJ JAIN, J. (ORAL) The appellants are in appe .2001 whereby the Commissioner reco “16. The next point for consid comes under the definition of section 2(n) of W.C.Act and sec are relevant which are re-produc 2(n):- "workman" means whose employment employed otherwi employer's trade o of the Act the foll the meaning of S provisions of that who is :- (1) to (xxv) x x x x (xxvi) employed in the ha within the precincts of:- (a) any warehouse or other p in which on any one of the pro persons have been so employed, T OF PUNJAB AND HARYANA DIGARH 4088-2001 (O&M) of Decision : 09.03.2026 …Appellants ….Respondents PANKAJ JAIN G, Haryana. appeal aggrieved of order dated er recorded the following findings:- nsideration is that whether the decease of workman or not. In this conte section (xxvi) of Schedule II of the A oduced as under:- eans any person (other than a perso ment is of a casual nature and who erwise than for the purpose of t de of business) who is under Schedule following persons are workman with of Section2 (i) (n) and subject to t that section, that is to say, any perso e handling or transport of goods in er place in which goods are stored, an proceeding. twelve month ten or mo yed, or 1 dated ceased ontext he Act person who is of the dule II within to the person s in or d, and more RAJNEESH SHARMA 2026.03.10 17:34 I agree to specified portions of this document FAO-4088-2001 [2] the appella without gra from the co [3] Compensat shall be e claimants f [4] [5] disposed of 09.03.2026 ‘R. Sharma' 2001 (O&M) A bare perusal of the above sec under the definition of workma under respondent No.3 who i respondents No.1 and 2. Respo respondents No.1 and 2 are the law that principal employer compensation when an employee of his For this reliance can be p reported as State of Maha Waghmode & Ors, 1994 L.L.R. 9 17. In view of my foregoing relationship of between the decea and the deceased workman died the respondents. Both these is applicants and against the respo On the basis of the aforesaid f ppellant(s)-the principal employer li out granting any further right to the ap the contractor-respondent No.3. In view of the mandate of S pensation Act, the award is modified t be entitled to recover the amount ants from respondent No.3. The appeal is disposed off in t All pending miscellaneous ed off. .2026 Whether speaking/ reasoned Whether reportable sections show that the deceased com kman. The deceased work-man work o is the contractor of respondent espondent No.3 is the contractor whi the principal employer. It is well settl yer will be liable for payment loyee engaged by the contractor dies o be placed on the employment. authori aharashtra vs. Mahadeo Krushn .R. 950, wherein it as so held. oing discussion it is neld that there eceased and respondents of employme died during the course of employment se issues are decided in favour of t espondents. ” said findings, The Commissioner held oyer liable to pay the compensation the appellant(s) to recover the amoun of Section 12(2) of the Employee’s ified to the extent that the appellant(s) mount of compensation paid to the in the above terms. eous application(s), if any, stands (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 2 comes orked ent of while settled nt of ies out thority ushna ere is yment ent of of the held sation, mount loyee’s llant(s) to the stands RAJNEESH SHARMA 2026.03.10 17:34 I agree to specified portions of this document