FAO No.1964 of 2009 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** FAO No.1964 of 2009 (O&M) DATE OF DECISION: 29.4.2010 **** Smt. Santosh Rani . . . . Appellant VS. M/s Narula Foods Pvt. Ltd. and another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.Sandeep Jasuja, Advocate for the appellant. **** RAKESH KUMAR JAIN J. (ORAL) This appeal is directed against an order dated 30.5.2008 passed by Workmen Compensation Commissioner-cum-Assistant Labour Commissioner, Ferozepur whereby, an application filed under Sections 3 and 4 of the Workmen’s Compensation Act, 1923 (for short ‘the Act’) claiming compensation because of the death of Bhagwan Dass Galhotra, who is alleged to be working with the respondents and had died during the course of employment, has been dismissed by the Learned Commissioner on the ground that the appellant has failed to prove relationship of employer and employee i.e. between the deceased Bhagwan Dass Galhotra and respondents. Aggrieved against order of the Commissioner, the present appeal has been preferred, in which argument has been raised by learned counsel for the appellant is that the deceased Bhagwan Dass FAO No.1964 of 2009 (O&M) - 2 - Galhotra suffered a heart attack and was taken to hospital by Munish Kumar, who was working with him but respondents has denied the fact that Munish Kumar is their employee. He has shown to the Court attendance register of the workers of the respondents, in which name of Munish Kumar is mentioned as S/o Om Parkash. Learned counsel for the appellant was asked as to whether Munish Kumar is the same person about whom, the respondents have said that he is not our employee. He could not say with surety that Munish Kumar is the same person, moreover, he has also stated that the said Munish Kumar who is alleged to have taken the deceased Bhagwan Dass Galhotra to the hospital was not examined as a witness nor any co-worker has been examined as a witness. Therefore, learned counsel for the appellant has failed to lead cogent evidence to stand his own legs in order to prove that there is a relationship of employer and employee i.e. between the deceased Bhagwan Dass Galhotra and respondents. In view of the above, I do not find any merit in the present appeal. Hence, the same is hereby dismissed. (RAKESH KUMAR JAIN) 29.4.2010 JUDGE Vivek