FAO/675/2026 of ORISSA STATE ROAD TRANSPORT CORPORATION, KHURDA Vs NIRANJAN BARIK on 2 September 2026

ORDER

02.09.2026

2.

1. This matter is taken up through Hybrid

Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the parties.

3. This Appeal has been filed inter alia challenging judgment dtd.30.01.2026 so passed by the Commissioner for Employee’s Compensation-cum-Joint Labour Commissioner, Cuttack in E.C. Case No.233 of 2024. Vide the said judgment dtd.30.01.2026, learned Commissioner held the Claimants- Respondents entitled to get compensation amount of Rs.14,90,748/ within a period of 30 days from the date of the order, failing which the appellant shall be liable to pay 50% penalty along with interest @ 12% per annum from the date of accident.

4. It is the main contention of the learned counsel appearing for the appellant while assailing the award that since the injured was never in direct employment under the

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appellant, no compensation could have been saddled on the appellant vide the impugned judgment. It is contended that the injured was working under a agency namely Kaapro Management Solution Pvt. Ltd. and while working under the said agency, since the claimant suffered injury in absence of Kaapro Management Solution Pvt. Ltd. being impleaded as a party to the claim application, the claim application could not have been entertained with passing of the award. It is accordingly contended that since the claim application is a defective one, the impugned award requires interference of this Court.

5. Mr. D. Pattanaik, learned counsel appearing for the claimant-injured on the other hand contended that there is no dispute that claimant was engaged under Kaapro Management Solution Pvt. Ltd.

5.1. However, in view of the agreement executed in between the Kaapro Management Solution Pvt. Ltd. and the appellant, Petitioner though was engaged by Kaapro Management solution Pvt. Ltd the appellant being the principal employer, is liable to pay the compensation and can recover the same from the Kaapro Management Solution Pvt. Ltd. under which the injured was working. In support of the submission reliance was placed to Para-13 of the agreement so executed in between Kaapro Management Solution Pvt. Ltd. and the appellant. Para-13 of the agreement which reads as follows:

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13. That, in case of any Accident/damage to the OSRTC vehicles or OSRTC property (moveable/immoveable) attributable to the faulty/negligence of the 1st Party or for rash and careless driving, loss cause to the Corporation or any amount of compensation is paid to the family members of the deceased or to injured such loss caused to the Corporation or compensation paid by the Corporation, shall be recovered form the 1st party having due regard to payment of Wages Act. Before imposition of any penalty/recover on 1st party, he shall be given an opportunity of hearing which shall be finalised/decided by the Appointing Authority.

5.2. It is accordingly contended that since appellant can recover the compensation after paying the same to the injured- claimant from Kaapro Management Solution Pvt. Ltd., being the principal employer, no illegality or irregularity can be found with the impugned judgment.

6. Having heard learned counsel appearing for the parties, considering the submission made and since it is not disputed that the injured-claimant was working under Kaapro Management Solution Pvt. Ltd. As per the agreement so produced in Court, the appellant being the principal employer after paying the compensation, can recover the same from Kaapro Management Solution Pvt. Ltd. Therefore, it is the view of this Court that Kaapro Management Solution Pvt. Ltd. is a necessary party to the proceeding.

6.1. Since the claim application was filed by the injured- claimant, without impleading Kaapro Management Solution Pvt. Ltd. as a party to the claim, the claim application suffers

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from non-joinder of necessary party. In view of such lacunae, which is apparent, this Court is inclined to quash the impugned judgment. While quashing the impugned judgment dtd 30.01.2026 passed in E.C. Case No.233 of 2024, this Court remits the matter to the learned Commissioner for fresh disposal and by permitting the claimant-injured to implead Kaapro Management Solution Pvt. Limited as a party to the proceeding.

6.2. It is observed that along with this order, if any application will be made to implead Kaapro Management Solution Private Limited as a party to the proceeding, the same be allowed and after hearing the parties to the claim, the claim application be decided in accordance with law. However, learned Commissioner is directed to dispose of the claim application in E.C. Case No.233 of 2024, as expeditiously as possible, preferably within a period of 4(four) months from the date of appearance of Kaapro Management Solution Pvt. Ltd.

7. The Appeal accordingly stands disposed of.

(Biraja Prasanna Satapathy)

Judge

sangita Digitally Signed Signed by: SANGITA PATRA Reason: AUTHENTICATION OF ORDER Location: HIGH COURT OF ORISSA, CUTTACK Date: 09-Sep-2026 12:18:49 Signature Not Verified