KANUBHAI D PARMAR Vs. DIVISIONAL CONTROLLER-GSTC

JUDGEMENT

(1.) BY way of this appeal, the appellant-original applicant has challenged judgment and order dated 6th April 1991 passed by Commissioner of Workmen Compensation, Labour Court, Rajkot in W. C. N. F. Case No. 1/1985.

(2.) THE case of the original claimant is as under:

(3.) THE original applicant appellant herein is serving as a conductor and his monthly salary is Rs. 482/ -. On 21-5-1983, the appellant was on duty in Rajkot-Udhna Express bus, and because health was not well, he took treatment from Dr. B. N. Rajpura and said doctor has also given a certificate to that effect, which was given to Traffic Controller of Una Depot. However, since there was no alternative arrangement, inspite of bad health the appellant was asked to attend his duty. After reaching Rajkot, the appellant has contacted his family doctor. However, since there was no improvement in his health, on 24-5-1983, he was admitted in Government Hospital, Rajkot. Thereafter, as per the opinion of doctor, he was shifted to Civil Hospital, Ahmedabad, where his left leg was operated. Therefore, the appellant has stated that since he was not given leave inspite of his bad health, his health has deteriorated further and, therefore, the corporation is required to pay compensation to the appellant. A notice in that regard was issued, but since no reply was given to it, the appellant has filed aforesaid case before Workmen Compensation Commissioner.