BIR MATI AND OTHERS Vs. JOGINDER SINGH

JUDGEMENT

(1.) This appeal has been filed against the award of the Commissioner passed under the Workmen Compensation Act, rejecting the claim filed by the appellant.

(2.) The case of the appellant was that her husband was employed by the respondent for spraying pesticides on his paddy crops. Due to inhailing of pesticides, he died. The Commissioner held that the deceased did not fall within the definition of the Workmen on the basis of Section 2(1) (n) sub clause (XXIX) of Schedule II of the Act because that only included those persons who were farming by tractors or other contrivances driven by steam or other mechanical power or by electricity.

(3.) Counsel for the appellant, however, relied upon clause (XLIV) of the said Schedule, as per which a person who is employed in spraying and dusting of insecticides or pesticides in agricultural operations or plantations is also covered under the definition of Workmen.