KHUDA BUX Vs. MANAGER CALEDONIAN PRESS

JUDGEMENT

(1.) This appeal involves a question of first impression under the Workmen's Compensation Act which is a pure question of law, arising out of facts now accepted by both parties. The facts are as follows.

(2.) The appellant, Khuda Bux, was employed for a long time in a printing press kept by the respondent, first under a contractor and then since October, 1948, directly. After putting in over forty years of service, he found himself a total wreck and unable to work any longer. He first absented himself from duty on the 26th January, 1950 and did not rejoin. The capacity in which he worked in the press was that of an impositor and his duties were that after the matters to be printed had been set in type on a linotype machine, he took the types and arranged them so as to make up a frame and then fixed them up in a frame or chest. It has been found that he is suffering from chronic lead poisoning and it has also been found that he contracted the disease by having had to handle lead in the course of his employment. The disability which the disease has brought on him is permanent and total. During his employment, his wages were Rs. 60/- to Rs. 70/- per month.

(3.) On 26th August, 1950, the appellant applied for compensation under the Workmen's Compen-isation Act for personal injury by accident. The application did not state under what section of the Act it was made, but it was clear from the nature of the application that the appellant was making a case under Section 3(2) of the Act and that he was pleading an occupational disease specified as peculiar to his employment in Part B, Sen. III.