BAI KOKILABAI Vs. KESHAVLAL MANGALDAS AND CO

JUDGEMENT

(1.) THIS is an appeal arising under the Workmen's Compensation Act, 1923, preferred by the workman against the opposite party, whom I will refer to as the "selling agents."

(2.) THE facts found are that the selling agents are the sole selling agents of the Sassoon Spinning and Weaving Co., Ltd., whom I will refer to as the "mill company," under an agreement dated January 7, 1939. By Clause 3 of that agreement the selling agents have to procure orders for the sale of the mill company's cloth, and under Clause 6 it is provided that the mill company shall store their manufactured cloth in their godowns and give delivery orders of such portions as the selling agents shall require to the selling agents. THEn Clause 7 provides that the selling agents shall sell the goods so delivered to them at a shop in Bombay, and Clause 8 provides that the selling agents shall take delivery of the; goods from the mill company's godowns at their own expense. So that what it comes to under that agreement, so far as material, is that the mill company manufacture cloth and store it in their godowns, and the selling agents have to take delivery at the mill company's godowns and to sell the goods at a shop in Bombay, which necessarily involves that they must transport the goods from the mill company's godowns to the selling agents' shop.

(3.) THIS case has been referred to a full bench, because it would seem that two cases decided by this Court are calculated to cause some confusion to the Commissioner, and it is desirable to get the questions, which arise under Section 12, straight.