P.P.NAOLEKAR, S.B.SINHA
Om Parkash Batish – Appellant
Versus
Ranjit @ Ranbir Kaur and others – Respondent
Key Points:- The appellant argues that a casual employee hired for repairing a residential building is not a "workman" under Section 2(n) of the Act; the court analyzes the definition and Schedule II applicability. (!) (!) (!) (!) - The court notes that entering evidence interpretation is limited in an appeal; a substantial question of law is the focus for Section 30 appeals. (!) (!) - The Act’s definition of "workman" excludes casual employment and requires connection to the employer’s trade or business; in this case, the work was for a limited period to repair a residential house, not satisfying the statutory criteria. (!) (!) (!) (!) - The incident involved an accident connected to high-tension wires, with evidence presented regarding whether Ram Lal was a workman; the court discusses the credibility and admissibility of dying declarations and police statements within the Workmen’s Compensation framework. (!) (!) (!) - The judgment ultimately sets aside the impugned order, holding that the deceased was not a workman under the Act at the relevant time, and the appeal is allowed. (!)
JUDGMENT
S.B. Sinha, J. —
1. Leave granted.
2. Whether a casual employee who was appointed for a limited period to carry out repairing job in a building would be a’workman’ within the meaning of the provisions of Section 2(n) of the Workmen Compensation Act, 1923 (the Act) is the core question involved herein.
3. Appellant is the owner of a residential building. It is situated by the side of an industrial establishment known as M/s. Chandrika Textiles.
4. On or about 30th June, 1996, the predecessor-in-interest of the respondents, Ram Lal, suffered an accident coming in contact with a high tension electrical wire passing over the roof of the said M/s. Chandrika Textiles. He suffered injuries as a result thereof. He was shifted to the Post Graduate Institute of Medical Research, Chandigarh, where his statement was recorded. He expired on 6th July, 1996.
5. On the premise that the said Ram Lal was a ‘workman’ under the appellant, a proceeding was initiated by the Workmen Compensation Commissioner under the Act. In the said proceeding the parties adduced their respective evidences. One of the contentions raised by the appellant was that the accident took place when the said Ram Lal
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