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2005 Supreme(SC) 1938

D.M.DHARMADHIKARI, B.N.SRIKRISHNA
Shyama Devi – Appellant
Versus
Union of India – Respondent


JUDGMENT :

D.M. Dharmadhikari, J.

Leave granted.

2. Counsel for the parties are heard on merits of the case.

3. The appellant's husband was employed as a Switch Man at Rajhara Railway Station of the Eastern Railway in Dhanbad Division. The claim for compensation made by the appellant on the ground that her husband died during the course of his employment was rejected by Commissioner of Workmen's Compensation-cum-Labour Court holding that there was no causal connection between the death and the employment. The order of the Labour Court has been upheld by the High Court by the impugned order by dismissing the appeal.

4. To appreciate the contention raised on behalf of the appellant that the deceased employee died in the course of employment, only few facts, as noted by the High Court, are required to be stated. On 5.2.1994 at about 4.00 PM, a group of anti-social elements armed with deadly weapons trespassed the office of the Station Master at the Railway Station and damaged the railway property. The deceased Switch Man was on duty between 8.00 AM to 4.00 PM who, just before the incident, had left the office and reached his quarter. On hearing the commotion and finding that the office of

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