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2024 LLR WEB 8 (DELHI HIGH COURT)
A person temporarily hired under an agreement would be entitled to accident compensation under the Employees' Compensation Act, 1923
EMPLOYEE'S COMPENSATION ACT, 1923 - Section 2(dd) - Employee - Employee-employer relationship - Compensation - Deceased assigned to repair Split Air Conditioner (Split AC) installed in office of Appellant company - While carrying out repairs, deceased suffered electric shock and died - FIR was lodged under Section 304A of Indian Penal Code, 1860 - Labour Commissioner awarded compensation to claimants and imposed liability on Appellant company to pay interest upon awarded compensation - In appeal, Court held that except for making bald assertion that deceased was not its employee, no evidence was led by Appellant-'employee' is person who is engaged or recruited as mechanic and who is performing any work by virtue of express or employee contract in relation to any electric work or installation of any appliances at premises, that would make employer liable - Deceased was working in premises which were within control of Appellant company for purpose of repair and installation o... subscribe to read more..
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