SWARAN KAUR Vs. SARDARI LAL KAPUR

JUDGEMENT

(1.) THIS appeal is directed against order dated April 23, 1993, passed by the Commissioner under Workmen's Compensation Act, dismissing the appellants' petition for compensation.

(2.) BRIEF facts of the case are that one Budh Singh (50), who was employed as a mason, was working along with other masons and workers for the replacement of roof of the building of B. K. E. and I Higher Secondary School, Ghee Mandi, Amritsar, in June 1985. The school is run by Bal Mukand Khatri Education Trust, Amritsar. The respondents are various office bearers of the said Trust as well as functionaries of the school. The roof fell down as a result of which Budh Singh and others also fell down and received injuries. Budh Singh succumbed to his injuries the same day at 1 P. M. in S. G. T. Hospital, Amritsar. The petitioners are his widow and minor daughter. They served a notice Under Section 10 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') on Sardari Lal Kapoor, Joint Secretary of the Trust, respondent No. 1. The respondents having failed to award compensation, the petitioners moved the Commissioner claiming Rs. 30,000/- as compensation, besides interest from the date of accident till the date of payment.

(3.) ON the pleadings of the parties, the following issues were framed:1. Whether respondent No. 2 is Manager of B. K. Trust and is liable as such OPA (Piara Lal Kapoor, Vice President of B. K. E and I Trust c/o Principal B. K. E. and I Higher Sec. School ).