In a land-mark judgment, the Delhi High Court has upheld the position that widow/family of casual worker, who dies while on work, is eligible for compensation as Workman’s Compensation Act’(WCA).

The employer had challenged the order of the Commissioner of WCA stating that the worker was not his employee and he had been engaged by a contractor for repair work.

Upholding the Commissioner’s order, High Court stated that even if a worker is engaged by the contractor for work in the premises of a third party, the latter would be considered as Principal Employer, not the contractor, and the worker would be qualified to be his workman.

The widow was granted Rs. 2.63 lakh as compensation in this case.

The High Court judgment is a clear reply to the BSNL management who takes the stand that it is not the Principal Employer of the worker engaged by the contractor.