N.G. Das, J. - (1.) This application under Article 227 of the Constitution of India has been filed on the allegation that the award of learned Commissioner of Workmen's Compensation Act, 1923 (hereinafter referred to as the Act), West Tripura dated 19.8.1992 in T.S. (WC) No. 10 of 1991 was without jurisdiction.
(2.) The facts leading to this petition are as follows : On 24.7.91 the respondents herein, namely, Smti Kuhinoor Begam and her minor son Ashish Mia presented a petition before the learned Commissioner stating that Abdul Khaleque Mia who was the husband of respondent No. 1 was a Loom Operator under the present petitioner, namely, the Tripura Jute Mill Ltd. and in course of his employment Abdul Khaleque Mia died on 11.12.89 on account of some occupational disease viz Cancer.
(3.) The petitioner herein resisted this claim petition by filing a written objection before the learned Commissioner and denied all the material averments. It was however, admitted that the petitioner was appointed as a workmen on 1.12.80 under the petitioner. But it was specifically denied that the petitioner contacted occupational disease, namely, Cancer in course of his employment under the petitioner. The further contention was that when the deceased approached the petitioner by filing a letter dated 26.11.88 for change of duty the petitioner agreed and on humanitarian ground transferred him from weaving department to SOC department where he was provided very light duty in the morning shift from 6 AM to 2 PM. It was, therefore, stated that the respondents were not entitled to get any compensation as the deceased died not on account of any occupational disease. For determination of the case learned Commissioner framed 5 issues including an issue, namely, "Whether the death of the said deceased workmen was due to occupational disease within the meaning of the Act, 1923.";