HANIL ERA TEXTILES LTD Vs. NAMDEO MUKUND DEOGHARE

JUDGEMENT

(1.) This Appeal challenges the judgment and order of the Ex-Officio Commissioner, Workman's Compensation, Raigad-Alibag on 4-10-1995, granting compensation of Rs. 1,04,960/- to the respondent (original applicant) with interest thereon at the rate of 6% per annum until realization as well as the incidental orders passed thereupon. The Appeal is under the Workmen's Compensation Act. A substantial question of law involved in the Appeal is first required to be shown. The Appeal is filed by the employer of the applicant who claimed to be a workman. It was denied that he was the workman. It was contended that he was a learner and hence, not a workman.

(2.) The issues framed by the learned Commissioner were whether the respondent was the workman, whether he sustained injuries during the course of his employment, whether he was permanently disabled on account of injuries, whether he earned Rs. 1,000/- per month as claimed by him and whether he was 29 years old at the time of the incident as claimed by him.

(3.) It is contended on behalf of the appellant that there is a substantial question of law involved as to whether he could be taken to be the workman since he was the learner and be entitled to any compensation under the Workmen's Compensation Act for the injuries suffered by him.