J F PAREIRA Vs. EASTERN WATCH COMPANY LIMITED

JUDGEMENT

(1.) Messrs Eastern Watch Company Ltd. have a showroom on the ground floor of Commiscariat building on Dadabhai Naoroji Road. The building is a five storeyed one and the ground floor houses many other showrooms. Other floors have been let out to office establishments and conveniences have been provided for the inmates of each floor. The second floor is wholly occupied by the L.I.C. Office and the L.I.C. management do not permit people from other floors to use their conveniences.

(2.) The deceased Anthony V. Pareira was a salesman employed by the Eastern Watch Company. He joined the company along with Miss Jessie Roberts sometime in 1955. He was performing the usual salesman duties of a show-room which included attending to customers, showing the watches, time pieces clocks etc. Anthony Pareira was drawing Rs. 170/- as basic pay plus allowances.

(3.) On 4th February, 1974 Pareira reported on duty in the morning worked as usual till 4.00 p.m. when he left the shop telling his co-worker Jessie Roberts that he would be back within five minutes. As Pareira did not come back for about half an hour Jessie became apprehensive. At that time someone from the first floor came to the shop and told Jessie that Anthony Pareira had fallen unconscious on the third floor. The partners of the firm were informed and some of the employees of the firm went upstairs o render assistance but were told that Pareira was removed to the hospital.