SUNDARAM Vs. RANI

JUDGEMENT

(1.) THIS appeal is directed against the order of the Deputy Commissioner of Workmen's Compensation, Madras, in W. C. No. 43 of 1990. The Management-opposite party is the appellant in the above appeal.

(2.) THIS is one of typical instances of how the beneficial and Welfare legislations are sought to be exploited with total lack of even the basic evidence to prove the employment of the claimant with the opposite party-management and at the hands of some of the statutory authorities who have no regard for the fundamentals of a proper judicial proceeding. Such instances only lend credence to the allegation of learned counsel for the appellant that there is an organised racket which appears to be exploiting the beneficial legislations in a high-handed manner.

(3.) THE respondents herein filed the claim petition before the Deputy Commissioner stating that Mani aged about 35 years, a workman employed by the opposite party received personal injury by accident arising out of and in the course of employment resulting in his death on May 24, 1989. The cause of injury was that on May 24, 1989 when the deceased was working at India Metal Trading Company, Southern Metals and Alloys, No. 4, Madhavaram High Road, Madras-11, suffered from chest pain after handling heavy metals and subsequently died on the way to hospital due to heart attack. It was further stated that the monthly wages of the deceased was Rs. 1,000/-and the deceased was over the age of 35 years at the time of death. Subsequently, by way of amendment, the description of the opposite party was amended and two different establishments were shown as opposite parties namely, (1) India Metal Trading company represented by Sundaram and (ii) Southern Metals and Alloys represented by Kanagasabapathy.