MANMOHAN SINGH vs MOHD BASIR & ANR.

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 30th April, 2025 + CM(M) 181/2024 & CM APPL. 5513/2024 MANMOHAN SINGH .....Petitioner Through: Mr. Jatin Rajput, Advocate. versus MOHD BASIR & ANR. .....Respondent Through: Mr. Palvinder Singh and Mr. S.W. Nomani, Advocates for R-1 along with respondent No.1 in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. A claim petition has been filed by one Mr. Mohd. Basir (respondent No.1 herein) seeking compensation under Employees Compensation Act, 1923. 2. The claimant is seeking compensation from one Mr. Alok Jain in whose factory he was working as a mason. According to him, during such employment, he fell down from some height and got injured and claims that there were no adequate safety measures, which resulted in mishap. It is in the abovesaid factual backdrop that he has been forced to file a petition seeking claim from his employer. 3. The alleged employer participated in the proceedings and also moved an application under Order I Rule 10 CPC praying therein that one Mr. Manmohan Singh (petitioner herein), who was working as contractor, needed to be impleaded in the Claim Petition. According to employer, the claimant was working under the direct command of said contractor and, therefore, his presence is essential and crucial to determine the claim and liability. Undoubtedly, the averments made in said application indicate that the claimant was working under the supervision and command of said contractor. 4. However, when the abovesaid request was considered by the learned Commissioner, it has allowed the application, albeit, without giving any reason. Signature Not Verified Digitally Signed CM(M) 181/2024 1 By:SONIA THAPLIYAL Signing Date:01.05.2025 16:47:08 5. The impugned order da