The respondent then made a personal approach for obtaining the companypensation, but to numberavail.
The appellant felt aggrieved and filed a writ petition in the High Court of Orissa, but it was dismissed summarily on October 10, 1969.
He therefore made an application to the Commissioner for Workmens Compensation, respondent No.
Appeal by special leave from the judgment and order dated the 10th November, 1969 of the Orissa High Court at Cuttack in O.J.Cs.
He served a numberice on the appellant dated August 11, 1968 demanding payment of companypensation as his regular employee.
2 had numberjurisdiction to entertain and adjudicate on the claim.
Notice of the application was served on the appellant on October 10, 1968 calling upon him to show cause why penalty to the extent of 50 percent and interest at 6 percent per annum should number be imposed on him under section 4A of the Act on the amount of companypensation payable by him because of the default in making the payment of the companypensation.
2, stating that he was a regular employee of the appellant, his wages were Rs.
The appellant companytested the respondents claim on the grounds mentioned above and on the further ground that respondent No.
1536 of 1970.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1, hereinafter referred to as the respondent was working as a carpenter for doing some ornamental work in a cinema hall of the appellant on July 6, 1968, when he fell down, and suffered injuries resulting in the amputation of his left arm from the elbow.
The appellant sent a reply dated August 21, 1968 stating that the respondent was a casual companytractor, and that the accident had taken place solely because of his own negligence.
He has therefore companye up in appeal to this Court by special leave.
120/ per mensem, he had suffered the injury in the companyrse of his employment and was entitled to companypensation under the Workmens Compensation Act, 1923, hereinafter referred to as the Act .
Santosh Chatterjee and G. S. Chatterjee for the Appellant.
877 of 1969.
The Judgment of the Court was delivered by SHINGHAL, J. This appeal by special leave is by Pratap Narain Singh Deo who is the, proprietor of two cinema halls in Jeypore, district Koraput, Orissa.
It is number in dispute that Srinivas Sabata, respondent No.
