( 1 ) THIS appeal is directed against the judgment and order recorded by the learned Single Judge in First Appeal No. 829 of 1969 which arose out of a claim for compensation under the Workmens Compensation Act 1923

( 2 ) THE facts of the case briefly stated are as under: the deceased Ghanshyam Chhotalal Patel had been employed by Godhra Municipality as a gardener or Mali. He had been working at the municipal town-hall in the city of Godhra. On 22nd March 1967 there was heavy rain and there was a wind-storm. As a result the roof of the town-hall was displaced. The deceased was asked by the Chief Officer of the Municipality to climb the roof in order to refix and repair it. The deceased climbed the roof of the town-hall. Unfortunately on account of the stormy wind he fell down and was injured. He was removed to the hospital where he died the next day. His dependents thereafter made the present application under the Workmens Compensation Act 1923

( 3 ) IN defence the Municipality contended that the deceased was not a workman within the meaning of that expression given in the said Act. He was employed as a gardener or Mali and was not supposed to climb the roof of the town