TRAFFIC MANAGER NEW MANGALORE PORT Vs. B RADHA

JUDGEMENT

(1.) THIS appeal is filed challenging the correctness of the order dated 30th of May 1995 made in case No. W. C. A. CR. 6/fc. 87-88 by the Commissioner for Workmen's Compensation and labour Officer, Dakshina Kannada Sub-Division-ll, Mangalore (hereinafter referred to as "the commissioner"), by the Traffic Manager, New Mangalore Port Trust Registered Cargo Handling workers' Administration Wing, Mangalore (hereinafter referred to as "the port Trust" ).

(2.) THE brief facts of the case, which are relevant for the disposal of this appeal, may be set out as hereunder:

(3.) THE learned Counsel for the appellant strenuously contended that the finding recorded by the commissioner that Thangappan died in the course of the employment of the appellant, is totally erroneous in law and the said finding has been recorded in disregard of the evidence on record. Elaborating the said contention, the Learned Counsel pointed out that the said Thangappan was not allotted any work during the second shift when the. , accident in question had occurred, and if the said Thangappan had worked without the permission and contrary to the instructions of the appellant, on account of some clandestine understanding between him and one Challappan, who was required to work during the second shift, it cannot be said that the said Thangappan died in the course of the employment of the appellant.