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1990 Supreme(Mad) 440

RAJU
P. Sankaran – Appellant
Versus
The Secretary, Ministry of Defence, New Delhi – Respondent


Advocates Appeared:
For the Appellant:Mr. G. Justin, Advocate.
For the Respondents:Mr. P. Narasimhan, Advocate.

Judgment :-

1. This appeal has been filed against the order of the Deputy Commissioner of Labour-II, Madras, dated 14-7-1981 in W.C. No. 131 of 1979. The unsuccessful applicant before the authority below is the appellant before this Court.

2. The case of the appellant was that while he was in service under the second respondent, he had contracted an occupational disease (Silicosis), which according to the applicant is peculiar to that employment as specified in Part ‘C’ of the Schedule III of Workmens Compensation Act, 1923; and that the contracting of the disease is an injury or the accident within the meaning of S. 3 which has arisen out of and in the course of his employment under the second respondent. It was bis further contention that he was working as a Tailor ‘B’ under the second respondent and having regard to the nature of his employment which involved handling of clothes and cotton threads he was directly exposed to the inhalation of cotton dust containing silica. He further claimed that he had contracted the disease due to the inhalation of cotton dust, on account of which he suffered severe bronchitis which led to his admission in the Government Thiruvotteswarar Tubercu






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