JUDGMENT

D.S. Mathur, J. - This is an appeal by Smt. Angoori Devi against the order dated 3.3.1960 of the Commissioner under the Workmen's Compensation Act, Moradabad dismissing her application for the award of compensation on the ground that her deceased son was not a workman within the meaning of the Workmen's Compensation Act.

2. Smt. Angoori Devi had alleged in her application and her witness, Tej Kumar Jain also made a statement as if the duty of Udai Chand Jain deceased was not only to count trucks and other conveyances and passengers passing on the road under census but also to lift ballis. This statement is partly correct. This would appear from the statement on oath of the overseer Indra Chand Jain, examined on behalf of the P.W.D. and also from the instructions for taking road census. In 1957 the deceased was employed as an enumerator and his duty was merely to count the trucks and to make necessary entries in the forms. One chaukidar was attached to each enumerator to life ballis and to do other manual work.

3. The Commissioner apparently thought that an employee discharging clerical duties did not come within the definition of workman. This was not a correct view. When a