SUNIL INDUSTRIES Vs. RAM CHANDER PRADHAN

JUDGEMENT

(1.) This Appeal is against an Order dated 7th May, 1997 by which the first appeal filed by the appellant has been dismissed in limine.

(2.) Briefly stated the facts are as follows : The petitioner is a sole proprietory concern. It runs its workshop of shaping steel sheets into various shapes and forms. The 1st respondent was, at the relevant time, working as a press operator with the appellant. On 27th January, 1993 while working on a press, the 1st respondent sustained injuries to his right index finger and thumb. The appellant rushed the 1st respondent to the Civil Hospital at Gurgaon (Haryana). The injuries necessitated amputation of 2.5 x 0.5 Cms. of the index finger.

(3.) On 14th June, 1993, the 1st respondent filed a claim under the Workmen's Compensation Act, 1923 claiming compensation in the sum of Rs. 25,000/- with interest thereon @ 16% per annum. The appellant in his reply, inter alia, claimed that the provisions of the Workmen's Compensation Act would not apply to his establishment.