JUTHI DEVI Vs. PINE CHEMICALS LTD

JUDGEMENT

(1.) WHETHER a person employed in a premises where actual manufacturing process has not commenced would be deemed to be a workman under Section 2 (1) (n) of the Workmen's Compensation Act is a substantial question of law to be decided in this appeal.

(2.) FACTS giving rise to the formulation of the aforesaid substantial question of law are that one Sain Bahadur who was employed as chowkidar by the respondent No. l through respondent No. 2 as security guard died on May 17, 1979 while on duty when on May 15, 1979 suddenly heavy machines lying in the premises of the employer fell over him as a result of which he received multiple injuries and later on died in the S. M. G. S Hospital, Jammu. The injuries were received by him during the course of the employment of the respondent employer. Appellants herein claiming to be legal heirs and dependant on the deceased filed a claim petition before the Commissioner under the Workmen's Compensation Act on January 21, 1981 for award of compensation under law.

(3.) IN the objections filed on behalf of the respondent it was contended that the deceased ; was not a workman as defined under Section 2 (1) (n) read with Schedule II of the Workmen's Compensation Act and that he did not receive injuries arising out of and in the course of his employment. It was submitted that the deceased was employed as a security guard in the premises of respondent No. l whose duty was to keep a watch only. The area where the deceased met with the accident was declared as prohibited because the goods lying there were highly inflammable and the deceased was required to make patrolling to and from outside the said area and that when the virulent wind blew out on May 15, 1979 the deceased received fatal injuries on account of the act of God.