FA/2/1988 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 2 of 1988 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? -Yes. 2 To be referred to the Reporter or not ? -No. 3 Whether their Lordships wish to see the fair copy of the judgment ? -No. 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? -No. 5 Whether it is to be circulated to the civil judge ? -No. ========================================================= UNION OF INDIA WESTERN RAILWAY & 2 - Appellant(s) Versus JUMABAI KASAM - Defendant(s) ========================================================= Appearance : MR RAVI KARNAVAT for Appellant(s) : 1 - 3. MR SURESH M SHAH for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 12/08/2008 ORAL JUDGMENT 1. By way of this appeal, the appellants have challenged the judgment and award dated 30/10/1987 passed by the learned FA/2/1988 2/4 JUDGMENT Civil Judge (SD) and Ex Officio Commissioner for Workmen Compensation, Jamnagar in Workmen Compensation Application No.24 of 1985 wherein the learned Ex Officio Commissioner for Workmen Compensation has allowed the application of the applicant and awarded the compensation of Rs.69,910.40 with interest at the rate of 6% per annum from the date of accident till the date of deposit before the Commissioner. 2. Brief facts of the case is that the application was filed by the mother and minor daughter of the deceased Jaku Husen Chawda. Jaku Husen Chawada was the employee of the Western Railway since five years and was working as a Pump Driver-cum- Mechanic at Gandhinagar, Jamnagar Railway Station from 21/6/1980. On 18/1/1985, at about 11:45 a.m. Jaku Husen Chawda dashed with running engine at Gandhinagar, Jamnagar Railway Station and sustained injuries and ultimately died on the same day. He was permanent employee of the Western Railway and died during the course of employment. Inspite of notice, the opposite party has not paid any amount of compensation and therefore, the applicant-mother of the deceased Jaku Husen has filed the application before the Workmen Compensation Commissioner and after hearing the matter, the learned Commissioner for the Workmen Compensation has allowed the application of the applicant and awarded compensation as stated above. FA/2/1988 3/4 JUDGMENT 3. Heard learned advocates for the respective parties. 4. The main contention which has been raised by the present appellant is that on the date on which the workmen was died, he was not present at the place of work assigned to him. He was regularly assigned work at the old railway station and not at the new railway station and the incident alleged was happened at the new railway station. In that view of the matter, the employer are not duty bound to make payment. 5. The Workmen Compensation Authority has considered issue no.2 in para 6 of the judgment which reads as follows: “6) Under Clause (i) of Section 2(1)(N) of the Act, a Railway servant defined as such in Section 3 of the Railway Act, 1890. if he is not employed in any administrative office whether district or divisional is defined as workman under the Act. It is abundantly clear form the evidence that deceased Jaku Husen was not employed in any administrative office. Therefore, he is to be treated as workman for the purpose of this Act irrespective of the pay which he was earning. There is another condition which has to be satisfied by railway servant that such person is not employed in any capacity in any employment mentioned in several classes of Schedule- II. It is necessary to explain the purpose of this exclusion. A person employed in any capacity in any of the employment mentioned in Schedule II is a workman, but he will have the benefit of the provisions of W.C. Act only in those cases where such workman is employed in monthly wages not exceeding Rs.1000/-. It is abundantly clear from the evidence of Shri Kanaiyalal Ram Naresh Sinh. Permanent Way Inspector of Construction Branch, Western Railway, Jamnagar that the salary of Jaku Husen was Rs.790/- per month. Therefore, it is less than FA/2/1988 4/4 JUDGMENT Rs.1000/-. Therefore, he is a workman under the definition of the workman. It is also proved from Labour Card given to the deceased that he has been employed as Pump Driver cum Mechanic by the Western Railway. Therefore, I answer issue no.2 in the affirmative.” 6. After considering the same, the authority has held that he was permanent employee and his salary was Rs.790/- per month. The fact of his absence is not believed and no other documentary evidence is shown to reverse the finding of the Tribunal. 7. I am in complete agreement with the reasoning given and findings arrived at by the Workmen Compensation Authority. The appeal is devoid of merits. No substantial questions of law are raised. The appeal therefore deserves to be dismissed. 8. For the foregoing reasons, the appeal is dismissed. No order as to costs. (K.S.JHAVERI, J.) (ila)