HINDUSTAN SHIPYARD LTD Vs. MAHBOOB SUBHANI

JUDGEMENT

(1.) This appeal is filed under Section 30(1) of the Workmen's Compensation Act, 1923 (for short 'the Act'), against the order, dated 28.1.2003, passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Circle-I, Visakhapatnam (for short 'the Commissioner'), in W.C. Case No.4 of 2002.

(2.) The respondents submitted a claim before the Commissioner alleging that late Sk. Fakeet Ahmed Basha, the husband of the 1st respondent, and father of 2nd respondent, was employed with the appellant as Erector (Master Tradesman). It is stated that he left his house on 25.6.2001, during early hours, to work in the first shift; reported to duty, and died in the course of employment, within the premises of the appellant. They prayed for award of compensation in accordance with the provisions of the Act. The appellant resisted the claim alleging that the deceased was continuously absent from 20.6.2001 till 25.6.2001. It was urged that the shift starts from 7.00 a.m., and as per the instructional orders, dated 18.1.1991, marked as Ex.R.2, an employee was entitled to report to duty thirty minutes before the commencement of the shift and remain in the premises thirty minutes after the shift, and that the entry of the employee into the premises before that time, cannot be construed as reporting to duty. It was further alleged mat though the deceased entered the premises in uniform on 25.6.2001, he did not report to the Supervisor, and thereby, it cannot be said that he died during the course of employment.

(3.) On behalf of the respondents, PWs.1 to 4 were examined and Exs.A.l to A.9 were marked. On behalf of the appellant, RWs.1 and 2 were examined and Exs.R.l to R.4 were marked. On consideration of the oral and documentary evidence and on application of the provisions of the Act, the Commissioner awarded a sum of Rs.2,85,960/-, as compensation, on account of death of the deceased employee and apportioned the same among Respondents 1 to 4.