ANIMESH NATH Vs. KSHITISH SAHA

JUDGEMENT

(1.) THIS appeal under section 30 of the Workmen's Compensation Act (hereinafter referred to as Act) was admitted on 25 -07 -2008 on the following question of law: -

(2.) BRIEFLY stated, the facts of the case are that the petitioner filed a petition under sections 4, 4A and 22 of the Act claiming compensation on account of injuries sustained by him in an accident which took place on 02 -11 -2004 in course of his employment under the opposite party Shri Kshitish Saha.

(3.) THE employer filed written statement and did not deny the allegations that the petitioner was a workman. He also did not deny the allegation that on 02 -11 -2004 when the petitioner tried to pull up an iron wheel, he suffered some problem. However, he continued to work for the whole day but in the evening complained to the Manager of the factory that he was feeling pain in his waist. He was then taken to the Narsingarh Primary Health Centre and the petitioner was treated in G.B. Hospital and thereafter started performing his normal duties without any complaint.