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Judgment
Arun Mishra, J.—There is delay of 100 days in filing this appeal. For the reasons stated in the application - I.A. No. 5679/08 the delay in filing the appeal is hereby condoned.
Heard on the question of admission.
The appeal has been preferred by the Municipal Corporation aggrieved by order passed by the Commissioner for Workmen''s Compensation, awarded a sum of Rs. 2,28,778/- on account of death of Harinarayan.
Deceased was working in the filter plant with the Municipal Corporation. He used to be paid a sum of Rs. 2200/- Though he was working under the control of Municipal Corporation, the deceased was employee of Public Health Engineering Department which has been handed over to the Municipal Corporation for management.
The Commissioner for Workmen''s Compensation has assessed the income at Rs. 2200/-. Age of the deceased was 30 years. Applying the relevant factor compensation of Rs. 2,28,778/- has been awarded. Dissatisfied with the same appeal has been preferred.
The only submission agitated by the senior Counsel is that the deceased was the employee of Public Health Engineering Department.
After hearing learned Counsel for the appellant at length, in my opinion, since it is not in dispute that the Public Health Engineering Department is under the management of Municipal Corporation, the deceased was working under the control and supervision of the Municipal Corporation, thus, the Municipal Corporation cannot escape from the liability to make payment of compensation. There is no merit in the appeal. Same is dismissed.