MANGOO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner. The counsel for the respondent produced before the Court the original muster role hook and filed a certified photostat copy of the muster role of the relevant date. The certified copy of the muster role be placed on record.

(2.) THIS appeal is directed against the judgment dated July 18, 1983 passed by the Workmen's Compensation Commissioner, Bhilwara, in compensation case No. 39/92, whereby the claim filed by the appellants-claimants was rejected on the ground that it was not proved that the deceased had been employed by the respondent and was a workman within the meaning of Clause (n) of Section 2 of the Workmen's Compensation Act, 1923. The learned counsel for the appellant has submitted that the deceased Ladu Son of the appellants was working at the site of Kothari Project, Jalia Minor where work was in progress. He had been employed on daily wages of Rs. 7/- per day and on April 25, 1981, the date on which incident occurred, Ladu was working in the capacity of a workman and his death occurred because he entered into the well, in order to give assistance to one Rawta who had entered into the well and became unconscious on account of intoxicating gases. It is further submitted by the learned counsel for the appellant that the finding given by the Commissioner, Workmen's Compensation, that the deceased Ladu was not a workman is not correct. On the other hand, the learned counsel for the respondent has supported the impugned judgment given by the Workmen's Compensation Commissioner.

(3.) I have carefully considered the arguments advanced by the counsel for both the parties and also perused the original record of the case. I have also considered the entries of the muster- role which has been produced in original and a certified copy of which has already been placed on record. Muster-role for the period from April 1, 1981 to April 30, 1981 clearly shows that the name of Ladu deceased is not entered in the muster-role. The name of Roop Singh S/o Salam Singh who is one of the witnesses for the claimants-appellants is entered in the muster-role. The muster-role or copy thereof was not filed before the Workmen's Compensation Commissioner.