D.N. Patel, J. - (1.) THE present appeal has was further evacuated to 1251 MSU where been preferred against the judgment and he was examined by Medical Officer, who order passed by Presiding Officer, Labour in turn referred him to Civil Hospital. Court, Deoghar in Workmen's Compensation Hapoli where he was admitted on same Case No. 12 of 2002 dated 24.8.2005, day. whereby respondent was awarded compensation of Rs. 1,54,021.35. THE deceased could not recover from illness and died at 8 a.m. on 16.1.2000.
(2.) FOLLOWING question has been raised for consideration by this court: One-man inquiry was constituted to probe into the cause of death of said Uttam Whether the death, caused due to cardiorespiratory Kumar and the report was given by the failure, due to bilateral pneumonitis - Inquiry Officer, which is at Annexure 4 to and Koch's can be said to be the memo of this appeal and it was also an occupational disease, peculiar to the presented before the Workmen's Compensation employment with Border Roads Organisation Commissioner, Deoghar. As per the especially, when the deceased said report, death of late Uttam Kumar is has worked only for 55 days with the due to cardiorespiratory failure, due to employer? bilateral pneumonitis and Koch's. Factual matrix: Thus, the deceased was employed with the appellant from 23.11.1999 and he expired The deceased, namely, Uttam Kumar, on 16.1.2000. Thus, the employment who is son of the original applicant, was was only for the period of 55 days, recruited as workman at Dumka in CPL batch No. 10 under ICPL Mate Ganesh The Workmen's Compensation Case Mirdha. Deceased was deployed for work No. 12 of 2002 was instituted by father of under 432 RMPL/119/RCC/756 BRTF the deceased before the Presiding Officer, w.e.f. 23.11.1999. Labour Court, Deoghar, who considered the death of deceased due to tuberculosis Late Uttam Kumar reported on 13.1.2000 and has observed that 55 days' employment to M.I. Room at 432 RMPL with complaints period is sufficient to contract disease of cough, weakness, giddiness and like tuberculosis in occupation and swelling over face and blood in sputum. the death was due to occupational disease, which is deemed to have been injury caused On 14.1. 2000, as his condition was not by accident arising out of and in the course improved, he was evacuated to 824 AMIR of employment, resulting in his death and, at Headquarter 119 RCC and thereafter, he therefore, has awarded compensation of Rs.1.54,021.35 vide order dated 24.8.2005. Being aggrieved by this order, present miscellaneous appeal has been preferred with I.A. No. 615 of 2006 and the Division Bench of this court vide order dated 4.8.2008 passed the following order: "M.A. No. 81 of 2006 and I.A. No. 615 of 2006: Mr. B.K.Jha, learned counsel, appeared for the respondent No. 1 in the limitation matter and his name also appears in the list but he did not appear to say whether he appears in the main appeal or not. Issue notice upon respondents as to why this case be not admitted or be disposed of at the admission stage itself; and as to why the interim order be not passed; for which requisites, etc. under common registered cover with A/D as well as ordinary process must be filed within one week, failing which this appeal and I.A. No. 615 of 2006 shall stand rejected without further reference to a Bench. Till further orders, the respondents will not be allowed to withdraw the amount deposited by the appellant in the court below. Liberty is given to the parties to move for modification/clarification of this order." (Emphasis supplied) Arguments canvassed by the parties: Learned counsel appearing for the appellant submitted that the deceased was employed only for 55 days. Cause of death is due to the cardiorespiratory failure, due to bilateral pneumonitis and Koch's, as per the medical certificate, which is at Annexure 3 to the memo of this appeal and, therefore, there is no liability of the appellant employer under section 3 (2) of the Workmen's Compensation Act, 1923. It is further submitted by the learned counsel for the appellant that the conclusion arrived at by the Workmen's Compensation Commissioner, Deoghar that the deceased was suffering from tuberculosis is an occupational disease referred in Part C of Schedule III of the Act, 1923. It is also submitted by learned counsel for the appellant that the essential condition for applicability of section 3 (2) of the Act, namely "occupational disease must be peculiar to the employment". The nature of employment has nothing to do with the cause of death of the deceased. This aspect of the matter has not been properly appreciated by the Workmen's Compensation Commissioner, Deoghar. The conclusion of the Workmen's Compensation Commissioner, Deoghar is based upon no evidence and, hence, the judgment and order passed by the Workmen's Compensation Commissioner, Deoghar deserves to be quashed and set aside. It is further submitted by the learned counsel for the appellant that the case of the deceased is falling within Part B of Schedule III of the Act, 1923 and as the deceased has worked for less than six months period, there is no liability of the appellant under sub-section (2) of section 3 of the Act, 1923. Learned counsel for the appellant has relied upon the decision rendered by the Hon'ble Apex Court in Jyothi Ademma v. Plant Engineer, Nellore Thermal Station, 2006 ACJ 2165 (SC) and has submitted that on the basis of this judgment if the death of the workman has no causal connection with the employment, there is no liability of the employer for compensation. Learned counsel for the appellant has also relied upon the decision rendered by the Hon'ble Supreme Court in Shakuntala Chandrakant Shreshti v. Prabhakar Maruti Garvali, 2007 ACJ 1 (SC). Though the respondent has been served, nobody appears on behalf of the respondent.
(3.) HAVING heard learned counsel for the appellant and looking to the facts and circumstances of the case and the evidence on record, it appears that the deceased, namely, Uttam Kumar was employed with the appellant on 23.11.1999. He reported complaints of cough, weakness, giddiness and swelling over face on 13.1.2000 and he was taken for medical treatment. It was reported on 14.1.2000 that there was no improvement and, thereafter, he was referred to the Civil Hospital, Kopoli by the Medical Officer, where he was admitted on the same day, but he could not recover from his illness and died on 16.1.2000 at 8 a.m. He died due to cardiorespiratory failure, due to bilateral pneumonitis and Koch's, as per the medical certificate of cause of death, which is at Annexure 3 to the memo of this appeal. The appellant has examined three witnesses while the respondent has also examined two witnesses. The documents exhibited before the Workmen's Compensation Commissioner, Deoghar are medical certificate, death certificate and the inquiry report.;