HIGH COURT OF UTTARAKHAND AT NAINITAL A.O. NO. 363 OF 2007 Old No. 459/1984 1. The State of U.P., through Secretary, Department Of Irrigation, U.P. Lucknow. 2. The Superintending Engineer, Tube Well Circle, Meerut. 3. The Executive Engineer, Tube Well Division, Irrigation Department, Muzaffarnagar. 4. The Assistant Engineer, III Ring Sub Division, Dehradun. …..Appellant/Respondents. Vs. Smt. Tahira Begum W/o Modh. Yusuf, R/o D-73, Yamuna Colony, Dehradun. …….Respondents/Applicant. Dated: 12.2.2008 Hon’ble Rajesh Tandon, J. Heard Standing Counsel for the appellant. 2. By the present A.O. filed under Section 30 of the Workmen Compensation Act, appellant has prayed for setting aside the award dated 31.3.1984 passed by Commissioner for Workman Compensation and Regional Labour Commissioner, U.P. Dehradun in W.C.A. No. 5-A/80 Smt. Tahira Begum Vs. State and others. 3. Briefly stated, an application was filed by the applicant/respondent being W.C.A. Case No. 5-A/80 Smt. Tahira Begum Vs. State and other claiming compensation on account of the death of his husband Mohd. Yusuf. 4. According to the applicant, Mohd. Yusuf was employed as a cleaner in the appellant department and the applicant Smt. Tahira Begum has claimed the compensation to the extent of Rs. 16,800/- on account of the death of Mohd. Yusuf during the tie of his employment. 5. A written statement has been filed stating that he was simply employed as a helper, therefore, no compensation is payable to the claimant. 6. The Workmen Compensation Commissioner has allowed the application of the claimant and a sum of Rs. 16,800/- was directed to be paid to the claimant. 7. While allowing the application, court below has recorded a finding that Mohd. Yusuf has been shows as a cleaner as will appear from the letter dated 4th February, 1979 written by the Assistant Engineer, Dehradun and a copy of which has been sent to Smt. Tahira Begum. Throughout the record, the deceased has been shown as a cleaner. However, letters dated 20.5.1974, 4.2.1979, 20.3.1979, 4.2.1979, 9.2.1979 have been admitted by the defendants, which show that the deceased was employed as a cleaner and at the time of his death, he was drawing salary to the extent of Rs. 190/- per month. The evidence on the record as well as the statement of Smt. Tahira Begum has specifically prayed that the deceased was employed as a cleaner. 8. The Workmen Compensation Commissioner has also taken a view that the cleaner is also a helper and the deceased had been employed for that purpose. 9. In view of the above, I do not find any illegality or infirmity with the findings recorded by the court below and I find no question of law as to interfere with the appeal. 10. Consequently, A.O. is dismissed. No order as to costs. (Rajesh Tandon, J.) 12.2.2008 Rathour