Law: Workmen's Compensation Act (VIII of 1923)

Section: 30

(a) Workmen's Compensation Act (VIII of 1923), S. 30----Appeal-Finding of fact-High Court cannot review finding of fact, unconnected with law, arrived at by Commissioner. It was contended that once an appeal under section 30 of the Workmen's Compensation Act, 1923,is admitted on a substantial question of law, the whole case is open to investigation by the High Court. Held : In an appeal under section 30 of the Act the High Court cannot review a finding of fact unconnected with law arriv ed at by the Commissioner on evidence. Consequently it is not open to the appellant to agitate all questions of fact. Central Glass Industries Ltd. v. Abdul Hossain A I R 1948 Cal. 12; 37 C W N 81; Prsto.-ji Bhikaji v. Farid Khan Pir Muhammad A I R 1933 Sind 273 and Gouri Kinkar Rhakhat v. Radha Kissen Cotton Mills A I R 1933 Cal. 220 ref. Cooling Equipment Co. Ltd. v. Mst. Zainab Bibi and another A I R 1943 Lah. 52; Aftab Flour & Allied Industries Ltd. v. Nashn Akhtar P L D 1964 Kar. 406 and Muslim Cotton Mills v. Din Islam P L D 1959 Dacca 599 rel. (b) Workmen's Compensation Act (VIII of 1923), S. 2(1)(n) read with cl. (ii), Sched. II and Factories Act (XXV of 1934), S. 2(g)-Workman-Person employed as mechanic in service station where 40 to 45 persons employed doing repairing of motor vehicles, held, workman for purposes of Workmen's Compensation Act---- Such person, held, employed in "manufacturing process" in terms of S. 2(g) of Factories Act, 1934. (c) Workmen's Compensation Act (VIII of 1923), S. 3 -Arising "out of and in the course of employment " Question often not free from difficulty-To be decided on facts and circumstances of each case-No hard and fast rule-Decisions of English Courts of considerable value in determining such question-Injury should have arisen as a "direct" result of discharge of duties-Injury merely during time of---employment -Cannot be treated as one arising "out of employ ment"-Deceased workman receiving injury during scuffle with another co-worker due to joke initiated by deceased workman-Injury, in circumstances, held, was not "out of employment" and employer not liable to…