Surjit Singh, J.@mdashThis appeal, u/s 30 of the Workmen''s Compensation Act, is directed against the order, dated 20.1.2007, of Commissioner, under the Workmen''s Compensation Act, whereby appellant''s petition for award of compensation for the death of her husband late Shri Joban Dass, during duty hours, has been dismissed.
2. Late Shri Joban Dass, the husband of the appellant, was employed as T-Mate with the respondents. He used to be deployed to perform the duty of Watchman (Chowkidar). On the intervening night of 17th and 18th December, 1997, when he was on Chowkidar''s duty, he slept in a room of the office he was deployed to take care of. One charcoal stove was there in the room. Due to inhaling of carbon-monoxide gas, emanating from that stove, he became unconscious. Next day, the employees of respondents broke open the door. Joban Dass was found lying unconscious. He was taken to Civil Hospital, Kotkhai. Report was also lodged with the police. One ASI, namely Shariff Mohammad, from the Police Station went to Civil Hospital, Kotkhai, but by that time Joban Dass had been shifted to Snowdon Hospital at Shimla. Said ASI entered a report at 7.45 p.m., copy Ext. PW3/A in the daily diary. A reading of this report shows that Joban Dass was on duty on the night intervening 17th and 18th December, 1997 and he was found unconscious due to inhaling of carbon-monoxide gas, on the morning of 18th December, 1997. He died on 19th December, 1997 at Snowdon Hospital, Shimla. Present appellant, who is wife of the deceased, filed a petition for award of compensation. That petition has been dismissed, vide impugned order, on the ground that Joban Dass was not on duty, but was on casual leave on the relevant date.
3. I have heard learned Counsel for the parties and gone through the record.
4. Reliance has been placed by the Commissioner, under the Workmen''s Compensation Act, upon an entry in the attendance register, copy Ext. RW1/A, per which deceased Joban Dass was on casual leave on 18th and 19th December, 1997. The entry is incorrect on the face of it, because it appears that initially a line has been drawn against the name of deceased Joban Dass, under the dates 18th and 19th and over that line, letters ''CL'' appear to have been written subsequently. Further, it is also recorded against the name of Joban Dass that he expired on 19th December, 1997. If it is so, there was no question of his applying for casual leave for that date. In any case, Joban Dass could not have applied for casual leave for 18th and 19th December, 1997, as on the morning of 18th December, 1997, he was found to be unconscious due to inhaling of carbon-monoxide, as per report Ext. PW3/A. Deceased was on duty on 17th December, 1997, as per entry Ext. RW1/A. His presence on duty on 17th December, 1997, means that he was on duty on the night intervening 17th and 18th December, 1997, and it was on that night that the incident, leading to his death took place.
5. In view of the above stated position, appeal is accepted. Impugned order of the Commissioner, under Women''s Compensation Act is set aside and the case is remanded to him with a direction to assess the quantum of compensation payable, on account of death of Joban Dass and to pass the award accordingly. He is directed to finally dispose of the matter by 31st October, 2010. Parties are directed to appear before him on 30.9.2010.
