EX ENGINEER Vs. AB REHMAN NAIKOO

JUDGEMENT

(1.) THIS appeal is directed against the award dated 10.05.2005 (hereinafter referred to as impugned award) passed by Assistant Labour Commissioner, District Baramulla (Commissioner under Workmens Compensation Act) in claim petition titled as Abdul Rehman Naikoo Vs. Executive Engineer.

(2.) HEARD . Mr. Beigh, learned counsel for the appellant, argued that the appellant is not liable and cannot be saddled with the liability because the claimant/respondent No.1 is the permanent employee of the department. Mr. Beigh also argued that notice in terms of Section 10 of Workmens Compensation Act has not been served, thus the claim petition is not maintainable.

(3.) WHILE rebutting the arguments Mr. Qadiri, learned counsel for the claimant/respondent No.1, argued that claimant/respondent No.1 is a permanent employee of the department which is admitted by the appellant. The Lineman is a workman in terms of Section 2(n) and Schedule IInd, Clause 9 and 19 of the Act. And further argued that the department had knowledge of the accident, thus there was no need to serve notice. That no substantial question of law is involved in the appeal, therefore, the appeal merits dismissal.