JUDGMENT :

D.P. Mohapatra, J. - This appeal u/s 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') was filed by the widow and minor son of Khageswar Swain, a Junior Artisan 'B'(Helper) under the Orissa State Electricity Board in its Bhawanipatna Electrical Division challenging the order of the Commissioner under the Act dated 21-6-1982 rejecting the application of the said workman for compensation. The application was filed by Khageswar alleging, inter alia, that on 12-12-76 when he was dischrging duty as a helper to the lineman, P W 1., in front of the CD. M.O.'s residence, the latter wanted him to hand over a tube light for fitting it up on the electric pole. He went up the ladder, received a shock from the electric pole, fell down and sustained injury on his spinal cord which resulted in paralysis of his lower limbs. The applicant claimed a sum of Rs. 26,880/- on the basis that he suffered a total permanent disablement due to the injury sustained in course of duty.

2. The application was contested by the respondent. The respondent denied his liability to pay any compensation stating that it was not the duty of the applicant who was only a labourer, to work on the ele