MOHD. ABDULLAH Vs. MANAGER, TRUMBOO CEMENT INDUSTRY LIMITED

JUDGEMENT

(1.) Four persons namely Mohd Abdullah, Mohd Rafiq, Mohd Yousuf and Mr. Ab. Rashid Drabu claiming to be workmen of Trumboo Cement Industries Private Limited filed four different claim petitions under Sec. 3 of the Employees' Compensation Act, 1923 [' the Act for short"]. The claim petitions were filed against M/S Trumboo Cement Industries Private Limited ["the employer"], arraying also the United India Insurance Company Limited ["the insurer"] as party respondents.

(2.) The gravamen of their claim petition, to put it briefly, was that the workmen above named while being in the course of their employment with the employer received serious injuries on 26/7/2004. The injuries were allegedly received by the workmen during blasting operations undertaken on the directions of the employer. The workman Mohd Abdullah sustained a fracture in his right arm, injury in left eye and some other physical injuries which rendered him permanently disabled. The workman Mohd Rafiq allegedly sustained injuries all over the body, face, legs, scalp and right hand etc. which also resulted in the permanent disablement. The workman Mohd Yousuf also allegedly sustained multiple injuries all over his body, arm, right eye and ear etc.etc., the injuries also resulted in permanent disablement of the workman. The workman Ab. Rashid Drabu also sustained multiple injuries in the same accident and was rendered permanently disabled.

(3.) The claim applications filed by the workmen were entertained by the Commissioner Workmens' Compensation ["the Commissioner"] Ramban.