MANAGEMENT OF WENTWORTH ESTATE Vs. RETHINI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is preferred against the order dated 24. 10. 1997 in W. C. C. No. 31 of 1997 made by the Deputy Commissioner of Labour, Coimbatore.

(2.) THE respondent herein filed the claim petition before the Deputy Commissioner of Labour, Coimbatore, claiming compensation from the appellant Estate on the ground that her husband by name Dhoddan, who was employed as Daily Labourer in the appellant Estate, died on 29. 7. 1996 during the course of his employment.

(3.) THE said claim petition was resisted by the appellant by contending that the deceased Dhoddan was a temporary worker of Cherambadi division of the appellant Estate and he was found lying dead in field No. 19r at Cherambadi Division near a bathing pit on 29. 7. 1996 and on that particular day, due to the death of one of the relative of Dhoddan, who was also an employee in the Estate, did not come for work and went to dig a pit (grave) for burying the body. After digging the pit, he went to take bath in field No. 19r, where he slipped and suffered head injury due to which he died. It is further stated that the death has occurred not during the course of his employment and therefore the appellant is not liable to pay any compensation under the Workmen Compensation Act, 1923.