Independent Contractor Not Employee, His Dependants Not Entitled Under Employees Compensation Act: Kerala High Court

Independent Contractor Not Employee, His Dependants Not Entitled Under Employees Compensation Act: Kerala High Court

Case: Latha v T V Sahadevan

Coram: Justice C. Pratheep Kumar

Case No.: MFA (ECC) NO. 90 OF 2016

Court Observation: “The mike set used in this case belonged to the deceased. Since it was only a hiring of mike set for the purpose of a programme, there was no necessity for the deceased to do his work personally. Instead, he could have done the same by engaging his own employees. His work of connecting the mike set is not controlled by the respondents. In the above circumstances, it is to be held that deceased Babu was not an employee but an independent contractor. Therefore, the impugned order passed by the Commissioner is perfectly justified.”

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Independent Contractor Not Employee, His Dependants Not Entitled Under Employees Compensation Act, Kerala High Court