KESORAM COTTON MILLS LTD Vs. BAL GOVIND

JUDGEMENT

(1.) The only question of substance argued in this case is one of limitation. The respondent used to be a workman under the appellant -- Keshoram Cotton Mills Ltd. -- and was employed in the hosiery department. In September 1948, he was going up a ladder with a load on his head, when it fell and as the workman himself slipped, the load descended on his left leg and in doing so, passed across his chest and spine. The injury caused by that accident was that he suffered a fracture of the left ankle which has been described as "Pott's fracture" and some injuries on his chest and spine.

(2.) The workman was absent from duty for a few days, but continued in the employment of the Mill. He was, however, given lighter work. In July 1950, he was apparently asked to return to the job of carrying loads which he was unable to do. Thereupon he was dismissed. The application for compensation was filed in Court on 17-12-1949.

(3.) It is not necessary to refer to the other defences raised by the appellant. As usual, they included a plea that no accident had taken place at all and that, in any event, assuming that the workman had suffered an accident, he had not done so in the course of his employment. Those pleas have been laid to rest by the judgment of the commissioner and need not trouble us further.