G.L. Oza, J.

This appeal has been filed by the appellant against an order passed by Employees' Insurance Court, Indore in E.S.I. Case No. 7/76 dated 20-4-1977.

The respondent No. 1 submitted an application to the E.S.I. Court alleging that he is an employee of the Malwa United Mills, Indore. When he was going to the Mills for performing his duties, he was asked by one Tufansingh and others to strike work but he did not agree to their suggestion and went and joined his duty and when he was returning from his duty at 11 p. m. he was attacked by Tufansingh and others resulting in injury to his hand. He, therefore, prayed for a direction that the appellant E.S.I. Corporation be directed to treat the injury as an employment injury and give him the benefits to which he is entitled to.

This application was contested by E. S. I. Corporation, the present appellant, on the ground that the injury could not be said to be an employment injury as on that day, he was not on duty. After framing of issues, the learned Presiding Officer of the E. S. I. Court came to the conclusion that the injury was an employment injury and, therefore, directed the appellant Corporation to assess the disability c