ABDUL LATIF KHAN Vs. NORTH EASTERN RAILWAY

JUDGEMENT

(1.) THIS is a First Appeal from order dated 3Cth December, 1974, passed by the Workmen's Compensation Commissioner, Basti.

(2.) THE facts giving rise to this appeal can briefly be stated as under:

(3.) THE application was opposed by the North Eastern Railway on a number of grounds. It was, inter alia, alleged that the loss of working capacity had not been proved by the Appellant; that the Appellant was neither permanently disabled to perform his duties on account of the alleged injuries nor was he retired from service on account of the same; that the Appellant's deputation with the North Eastern Railway expired on 13th of July, 1968 and he was therefore, returned to the parent department in the U.P.P.A.C. from where he himself sought his retirement; that the Appellant was not a workman within the meaning of Section 2(n) of the Workmen's Compensation Act; that no notice, as required by Section 10 of the Workmen's Compensation Act, had been served by the Appellant and the claim petition was therefore, not maintainable; and that the compensation claimed was, in any case, excessive and beyond the scope of Schedules I and II of the Workmen's Compensation Act.