Independent Contractor Cannot Be Treated As 'Employee' Under Employee's Compensation Act: Kerala HC

The Kerala High Court observed that an independent contractor cannot be treated as an employee to claim benefit under Employee's Compensation Act.

While observing that the deceased was not an employee but an independent contractor, the High Court ruled that the order passed by the Employee's Compensation Commissioner denying the benefit of compensation as per the Employee's Compensation Act was perfectly justified.

A Single Judge Bench of Justice C. Pratheep Kumar observed that “In case of an independent contractor he is not controlled by an employer regarding the manner in which the work allotted to him is done. He also need not do the work personally and may get it done by employing others”.

Advocate P. Ramakrishnan appeared for the Appellant, whereas Advocate George Mathew appeared for the Respondent.

The brief facts of the case were that the appellants are the dependents of one Babu @ Michle who was an electrician by profession who died because of electrocution in an incident that occurred around the year 2006. Late Babu used to provide light and sound for small programs in and around Elappara. In 2006, the respondents engaged him for some program of SNDP Yogam. While Babu was throwing the cable for connecting the mike set, across the telephone post, the cable came in contact with the 11 KV electric line and as a result of which, he got electrocuted and succumbed to the injuries. The Employees Compensation Commissioner dismissed the claim on the ground that the deceased was a contractor and not a workman.

After considering the submission, the Bench found that the deceased was the owner of a mike set brought by him for the program of SNDP Yogam and respondents were only its office bearers, who have not hired the service of the deceased for the purpose of any trade or business conducted by them.

In the instant case, “the respondents for the purpose of conducting a public function, hired the mike set of deceased Babu who is an electrician. He used to hire mike set for small functions like the present one. Accordingly for the function on 21.9.2006 he hired his mike set to the respondents”, added the Bench.

The Bench also found that while the appellant was throwing the cable for connecting mike set across the telephone post the cable came in contact with 11 KV electric line and as a result of which he got electrocuted, and also the mike set used in this case belonged to the deceased.

Accordingly, the High Court refused to interfere with the order of the Commissioner and dismissed the appeal.

Cause Title: Latha and Anr. v. T. V. Sahadevan and Ors. [Neutral Citation: 2023/KER/72504]

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