Law:

Section:

(a) Workmen's Compensation Act (VIII of 1923)­--- --S. 2 (1) (n) & Sched. 11-"Workman"-Establishment owning two mills, one flour mill and other an ice factory-Ice factory running separately and its employees could not be employees of flour mills-­Number of employees in ice factory less than ten-Employee of such ice factory, in circumstances, held, not a workmen and Act not applicable to such ice factory. (b) Workmen's Compensation Act (VIII of 1923)---- ----S. 12-Contracting-Ice factory leased out-Lessee not doing any work for lessor owner of factory-Lessee bound to pay lease money and lessor not responsible for profit or loss-Contract of lease, in circumstances, held, could not be said for execution of any work by or under a contractor-Lessee, in circumstances, held, liable for compensation to employee of factory and not lessor owner. Iftikhar Ahmad Dar for Appellant. Faiz Muhammad Bhatti for Respondent No. 1. Memo for Respondents Nos. 2 and 3. Date of hearing : 14th February, `1983. JUDGMENT This appeal emanates from the decision dated 14th September, 1981 passed by the learned Commission for Workmen's Compensation, Sahiwal, whereby the appellant was directed to pay Rs. 3,800 as compensation to respondent No. I for injury to his fingers resulting from an accident which took place while he was performing his duties. 2. The facts are that the appellant is the owner of an ice factory which was leased out to respondents Nos. 2 and 3 for the season of 1980 for Rs. 20,000 vide lease deed Exh. R-1. One of the conditions of the lease was that the lessor will not be responsible for any accident and that the lessee would be responsible to abide by the laws of the Government. Respondents Nos. 2 and 3 employed workers including respondent No. 1. While respondent No. I was working, his hand was entangled in the belt resulting in; injuries to his two fingers. He brought an application for compensation before the learned Commissioner for Workmen's Compensa­tion. The predecessor of- the learned Commission who could not decide the case had ordered the deletion of the names of the appellant. The learned Commission again impleaded the appellant as party and has held him…

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