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1991 Supreme(J&K) 55

K.K.GUPTA
Managing Director, JK P. C. C. – Appellant
Versus
Commissioner, Workmen Compensation – Respondent


Advocates Appeared:
Advocate For Appellant: R.S. Kotwal
Advocate For Respondent: B.M. Bhardwaj

Shri Vijay Singh was working as Work Supervisor in the J. K. P. C. C and posted at Gandoh Tehsil Bhalesa District Doda. On October 30, 1987 he was deputed on official duty to Udhampur Divisional office and while proceeding to that place the bus in which he was traveling halted at Khaleni, a place between Doda and Batote, due to road blockade where a shooting stone, because of blasting, hit him resulting serious bodily injuries, due to which he died on spot. His widow, Smt. Nirmal Kumari, respondent No. 2 herein, filed application under Workmens Compensation Act before the Commissioner, under the said Act for grant of compensation and that Court after adjudicating upon the matter on June 30, 1989 ordered grant of compensation of Rs. 78510. 08. Aggrieved by that order petitioner herein has filed this petition under Art. 226 of the constitution of India for quashing the said award.

The main plea which the petitioner has taken in this petition in invoking writ jurisdiction of this Court is that the deceased husband of respondent No. 2 was not a workman as defined under Workmens Compensation Act. (Act hereafter), as he was neither a manual worker nor a skilled worker nor a technician nor









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