DAYA KISHAN JOSHI Vs. DYNEMECH SYSTEMS PVT. LTD.

JUDGEMENT

(1.) On 21.2.2014, after hearing counsel for the parties, the following order was passed:-

(2.) This order was passed because as per the evidence of Sh. Vikas Sharma the co-worker of the deceased employee Sh. Ravi Shekhar Joshi, it was found that the accident in question cannot be stated to have arisen out of and in the course of employment because the deceased Ravi Shekhar Joshi as also Vikas Sharma were both going home after completion of work. Such an accident cannot be an accident arising out of and in the course of employment in view of the judgment of the Supreme Court in the case of Saurashtra Salt Manufacturing Co. Vs. Bai Valu Raja & Ors., 1958 AIR(SC) 881

(3.) Today, counsel for the appellant states that she has instructions to argue the matter because compromise is not acceptable. Appellant no.1 who is present in person also states that he has given such instructions to his advocate. I have therefore heard the counsel for the appellant on merits.