EXECUTIVE ENGINEER Vs. SABITRI RANI SEN

JUDGEMENT

(1.) This appeal under section 30 of the Workmen's Compensation Act was admitted on the following substantial questions of law:-

(2.) Briefly stated, the facts of the case are that the claimants who are the wife and minor children of deceased Braja Gopal Sen filed the petition under the Workmen's Compensation Act. In this petition, it was alleged that Braja Gopal was working as a daily rated worker in the office of the Executive Engineer, Public Health Engineering and was engaged as watchman/night guard. On the night intervening 02-01-2006 and 03-01-2006 while Braja Gopal was discharging his official duty in the office of Opposite party No.1 at Kumarghat, he was murdered by some unknown miscreants within the office premises and the office room was ransacked by the said persons. The miscreants had also tried to open the cash chest and take away valuable papers and almirahs. They failed in taking away the cash chest but killed Braja Gopal.

(3.) The occurrence is not denied but according to the appellant-State, the deceased was not a workman and further that his death had no causal connection with his employment.