AHMEDABAD COTTON AND CO Vs. BAI BUDHIAN RAJARAM

JUDGEMENT

(1.) In this case one Kalicharan Nanu was employed as a jobber in the Ahmedabad Cotton Spinning and Manufacturing Company Limited, and died on November 30, 1925, as the result of an accident while employed in the weaving department.

(2.) Some time before the date of the accident the Mill authorities had commenced the work of replacing the corrugated iron sheets on the roof of the weaving department by wooden planks, and in order to protect the cloth, that was being manufactured from the dust that would fall from the roof a temporary hessian cover was put over that portion of the weaving shed where the work of replacing was actually being done. Two theories were advanced before the lower Courts as to how the accident happened. One was that while the jobber was putting the belt on the pully, the piece of the hessian cloth got entangled in the belt and in trying to remove that piece the deceased himself got entangled. And the other theory was that he went to cut a portion of the hessian cover in order to, admit more light and the accident happened. The Commissioner has accepted the latter theory, and in his judgment he says: The jobber in question having discovered want o light tried to remove it or cub it so as to let light in. This work was really simple not involving any danger. Unfortunately, however, a portion of the cover got i entangled in the belt (as the weaver -says) and in trying to remove it the poor man was killed. A jobber in the weaving department is there to superivise the weavers and to help them in carrying 01 their work and to remove impediments in their way. I do not at all see how it could be said ,that if he tried to get more light for the weavers by cutting or removing the cover he was doing something which he was not employed to do.

(3.) Under proviso to Section 30 of the Workmen's Compensation Act- 8 of 1923, we have to take the finding of the lower Court as correct, and to see whether there is any substantial question of law involved in the case.