- (1.) Heard Mr. Rajendra Prasad, learned counsel appearing for the appellant. No one appears on behalf of the respondents inspite of service of notice.
(2.) This appeal is directed against the judgment and award dated 4.3.1998 passed by Presiding Officer, Labour Court, Hazaribagh in W.C.Case no. 21 of 1993 whereby a sum of Rs. 72,441/-has been awarded to the claimant/respondents for the death of one Jhubar Mahto in the mines area in course of employment.
(3.) The relevant facts in brief are that the claimant/respondents filed application before the Commissioner, Workmen's Compensation alleging inter alia that on 7.2.1985 deceased Jhubar Mahto while working in the Open Mines owned by the appellant died because of fall of heavy stone of ten(10) tones. A criminal case was also instituted under section 304A and 34 I.P.C. It appears that in the criminal case, the accused persons were finally acquitted by the trial Court in terms of judgment dated 1.7.92, thereafter, widow of the deceased filed an application in the aforementioned claim case along-with petition for condonation of delay. The said claim case was contested by the appellant denying that the deceased was not the employee in the mines rather he himself, of his own went to the mines premises for collecting sand and sustained injury because of the fall of heavy stone weighting 10 tones. The Commissioner, after considering the facts and circumstances brought on record came to the conclusion that the deceased was working in the mines and the accident took place while the deceased was on duty.;