S. U. Khan, J. - (1.) At the time of hearing, no one appeared on behalf of the respondents, hence only the arguments of learned counsel for the appellants were heard.
(2.) THIS appeal under Section 30 of Workmen's Compensation Act is directed against order dated 15. 4. 1985 given by Commissioner, Workmen Compensation and Conciliation Officer, Allahabad in W. C. Case No. 2 of 1984, Rama Devi v. Chief Engineer. Late Kamlesh Prasad Gupta son of Rama Devi-respondent was a clerk in irrigation department. He was shot dead by some unidentified person. The respondent filed claim petition before Workman Compensation Commissioner for payment of Rs. 24, 000/- as compensation due to death of her son. Appellants admitted that late Sri Kamlesh Prasad Gupta died while he was on duty. The Commissioner awarded the damages of Rs. 24, 000/- along with Rs. 2760/- as interest and Rs. 12, 000/- as penalty. Learned standing counsel appearing for the appellants has argued only one point in this appeal. The argument is that a clerk is not included in the definition of workman as provided under Section 2 (1) (n) read with Schedule-ll of Workmen's Compensation Act, 1923. Schedule-ll of the Act contains various items. In several of the enumerated items, it is mentioned that workman is an employee, who is employed otherwise than in clerical capacity, i. e. Item No. I, II, X, XIV, XVIII, XIX and XXX.
(3.) ITEM No. VIII (c) and X overlap to some extent. According to the ITEM No. VIII (c), a person is a workman if he is "employed in the construction, maintenance, repair or demolition of any road, bridge, tunnel or canal". Under ITEM No. X, a person is a workman if he is "employed otherwise than in a clerical capacity, in the construction, working, repair or demolition of any aerial ropeway canal pipeline or sewer. " Canal is common to both the items. The words 'construction, repair and demolition' are also common to both the items. The only difference is that in item No. VIII word 'maintenance' has been used while under Item No. X word 'working' has been used.;