IMAMMIYA SADRUMIYA MALEK Vs. MAHMADHUSEN NABIBBHAI SHAIKH

JUDGEMENT

(1.) First Appeal No. 342 of 1982 and First Appeal No. 343 of 1982 arose out of Workmens Compensation Cases Nos. 39 of 1979 and 40 of 1979 in the Court of the Civil Judge (S. D.) & Ex-Officer Commissioner under Workmens Compensation Act at Nadiad. Both the cases arose out of the same accident and hence both the cases were tried together the evidence was recorded together and both of them were disposed of by a common judgment pronounced on 30-9-1981 whereby both the claim petitions were dismissed.

(2.) It was the case of the appellants that the respondent was having a factory for manufacturing crackers in village Mogri taluka Anand district Kheda. The deceased were the employees under the Workmens Compensation Act with the opponent. When the deceased were on duty on 26-9-1979 at about 12-00 to 12-30 p.m a fire occurred with the result that the workmen named Shafimiya son of the applicants in Workmens Compensation Case No. 39 of 1979 and Vijaykumar son of the applicants in Workmens Compensation Case No. 40 of 1979 died. At the time of the accident both the deceased were drawing the salary of Rs. 180.00 per month. In both the cases the appellant applicants claimed compensation of Rs. 22 0 approximately.

(3.) Both the cases were resisted by the respondents on the common ground that the deceased were not the employees under the Workmens Compensation Act but they were casual labourers. It was also contended that the deceased were not drawing Rs. 180.00 per month as wages. It was also contended that the appellants in both the cases were not the dependents of the deceased.