Premium

Can a son be his father’s employee?: Punjab widow’s 28-year legal battle for compensation ends with HC ruling

Following tractor driver Jasbir Singh’s death in an accident, Oriental Insurance Company opposed his family’s compensation claim, arguing that no genuine employer-employee relationship could exist between a father and son.

3 min readChandigarhJan 16, 2026 12:41 PM IST

On January 15, the high court awarded compensation of Rs 4,27,140 along with interest and penalty. (Express Photo)

Nearly three decades after her husband died in a tractor accident, a woman in Punjab has won compensation after the Punjab and Haryana High Court set aside a 1998 dismissal of her claim and held that a father-son relationship does not bar a valid employer-employee arrangement.

Jasbir Singh, 27, died in August 1996 while returning from repairing a planter on his employer’s instructions. His widow, Kashmir Kaur, and their young child were left without any financial support. On January 15, the high court awarded compensation of Rs 4,27,140 along with interest and penalty.

Jasbir was earning Rs 2,300 per month as a tractor driver for Simar Chand, a retired government employee who owned the tractor and was also his father. The family had been living separately since July 1993. Chand supported the claim and admitted in writing that his son was employed by him.

Oriental Insurance Company opposed the claim, alleging collusion and arguing that no genuine employer-employee relationship could exist between a father and son.

In May 1998, the Employees’ Compensation Commissioner at Hoshiarpur dismissed the claim, relying primarily on the testimony of an eyewitness, Paramjit Singh. During cross-examination, Paramjit accepted a suggestion that the tractor belonged to the family and that Jasbir was not an employee. The commissioner treated this admission as conclusive.

Kashmir Kaur filed an appeal later that year. The matter remained pending in the high court for nearly 28 years.

Justice Pankaj Jain found fault with the commissioner’s reasoning and ruled, “This court finds that the commissioner erred in relying upon a suggestion admitted by AW1, who is a stranger to the affairs between the deceased and respondent No. 2, to hold that there was no employee-employer relationship between the parties,” the judge observed.

Story continues below this ad

The court held that blood relations alone cannot negate employment and relied on an earlier coordinate bench ruling, which stated, “Merely because the plea taken was that the father was the employer would not be a ground as such to come to any implied conclusion that the father cannot employ the son.”

Justice Jain also referred to Section 2(1)(dd)(iii) of the Employees’ Compensation Act, which recognises contracts of employment that may be expressed or implied, written or oral. The record showed that Jasbir had no other occupation and had previously worked as a tractor driver for another employer.

Terming the earlier findings perverse, the court held: “Accordingly, it is held that the deceased Jasbir Singh lost his life in an accident arising out of and during the course of his employment as a driver on tractor bearing No. PB07-D-5592 owned by respondent No. 2.”

The compensation was calculated at Rs 4,27,140 using the age factor of 213.57 and 50 per cent of the deemed monthly wages of Rs 4,000. The amount carries 12 per cent annual interest from 30 days after the accident, along with a 35 per cent penalty carrying 7 per cent interest.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

Stay updated with the latest - Click here to follow us on Instagram

Loading Taboola...