CENTRAL GLASS INDUSTRIES LTD Vs. ABDUL HOSSAIN

JUDGEMENT

(1.) The respondent Abdul Hossein was a guage boy in the appellant's factory whose duty was to carry glassware from, one place to another. On 11-7-19-15, at about 5 P.M. he fell down within the premises of the factory as a result of which he broke his left arm. On that day he was to have worked in the second shift. The first shift usually begins at 8 O clock in the morning and ends at 2 O clock in the afternoon and then the second shift begins. These facts are admitted by both parties.

(2.) The case of The respondent is that he was bringing The gauge from a room with which he was to pick up the glassware, when on the way the wooden slippers which he was wearing slipped, and he fell down on the ground inside the factory and under a mango tree and injured his arm. In support of that case he examined himself arid another witness, Sheikh Yakub, who corroborated him.

(3.) The appellant company in its written statement admitted that the respondent was a guage boy in the factory but did not state how and when The accident occurred. It simply stated "that either on that date or at any other date the respondent did not receive any personal injury arising out of and in the course of his employment", and that he "received the injury at a time other than the hours of is work and at a place other than the usual place of his work."