Prema Vs. Thangappan - Court Judgment

Excerpt:
(a) workmen's compensation act, 1923 (central act no. 8 of 1923) - section 2(1)(n) -- petitioner who lost two fingers in course of his employment, was employed in respondent's saw mill where logs broken up & furniture manufactured -- held, petitioner 'workmen' on both grounds of being employed in manufacturing process, & the same being carried out by electrical power.; (b) factories act, 1948 (central act 63 of 1948) section 2(k)(i) - making of furniture by breaking up logs -- held manufacturing process under, & petitioner employed therefor, held, workman under -- see section 2(1)(n) of the workmen's compensation act, 1923. - section 2 (h): [s. abdul nazeer, j] technical education - meaning of education-dictionary meaning -discussed held, education may be formal, informal and non-formal. the instructions given in schools and colleges are alone not education. education is not limited to the ordinary instruction of the child in the pursuits of literature. the knowledge or skill obtained or developed by a learning process is also education labour & services retirement age: [s. abdul nazeer, j] petitioner, an employee of gttc claiming benefit of the government order dated 28.7.2008 to continue in service till he attains the age of 60 years rejection of representation whether gttc is an educational institution imparting technical education ? held, technical institution has been defined in sub-section (h) of section 2 of aicte act as an institution, not being a university, which offers courses or programmes of technical education, and shall include such other institutions as the central government may in consultation with the council by notification and official gazette declare as technical institutions. the vtu has granted affiliation to the gttc for m.tech. in tool engineering for the academic year 2008-2009. the vtu has been established for the purpose of ensuring proper and systematic instruction, teaching, training and research in the development of engineering, technology and allied sciences in the state of karnataka and matters connected therein. the gttc is a technical institution as defined under the provisions of aicte act, imparting technical education. that is why it has been approved by the aicte for conducting diploma courses in engineering and technology and the vtu has granted its affiliation. therefore, gttc is an educational institution imparting technical education. further, it is clear that the gttc is an aided educational institution conducting diploma courses in engineering and technology. the resultant position is that its employees are also entitled for the benefit of the government order at annexure b dated 28.7.2008. m.b. vishwanath, j.1. heard the learned counsel for the appellant.2. it is seen from the order sheet dated 25.6.96 that the advocate who was appearing for the respondent, after issuing notice to the respondent, has prayed this court's permission to retire. this court has permitted the counsel to retire.3. it is further seen from the order sheet dated 25.6.96 that court notice was issued to the respondent. the respondent has been served with court notice and he has remained absent.4. appeal admitted.5. in this appeal the appellant has challenged the order passed by the commissioner for workmen's compensation, kodagu district, madikeri on 16.3.91 in no. kaa.na.pa.kaa.32/89-90. by the impugned order, the commissioner rejected the appellant's prayer for compensation under the workmen's compensation act.5a. the commissioner has held that the appellant was not a workman within the definition of section 2(1)(n) of the workmen's compensation act. the commissioner, therefore, dismissed the claim of the appellant for compensation.6. the appellant prema claimed that he was a workman, working in the saw mill of the respondent tangappan. on 9.6.89 when he was working in the saw mill of the respondent, sawing the log, his two fingers of the left hand were cut in the course of employment.7. the commissioner rejected the claim of appellant for compensation on the ground that the appellant was not a workman within the definition of section 2(1)(n) of the workmen's compensation act as has already been stated.8. it is not in dispute that the claimant was an employee in the saw mill of the respondent. section 2(1)(n) says that:'workman' means any person................................................. (ii)employed in any such capacity as is specified in schedule ii.9. as per schedule ii under (ii) a workman within the section 2(1)(n) is 'any person who is:-employed..................................... in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the factories act, 1948, is being carried on, .............................and mechanical power or electrical power is used.10. in the saw mill of the respondent, electrical power is used. so one of the conditions mentioned in schedule ii to section 2(1)(n) is fulfilled.11. now we have to see whether the manufacturing process is carried on in the saw mill of the respondent within the meaning of clause (k)(i) of section 2 of the factories act, 1948.12. as per section 2(k)(i) of the factories act, 1948, 'manufacturing process' means any process for ............................. breaking up any article or substance with a view to its use, sale, transport, delivery or disposal,......'13. the logs in the respondent's mill are obviously broken up and given finishing touches for the purpose of making furniture or for transport or for disposal or delivery.14. thus the second condition contemplated under schedule ii to section 2(1)(n) and schedule ll(ii) of the workmen's compensation act is also fulfilled.15. this court has laid down in fjr vol.49 285 (s.m. subbananjaiah v. inspector of factories, mysore fjr vol.49 285:ilr 1976 kar 672) that the process of breaking up any article or substance or giving a finishing touch to any article or substance would bring the process within the scope of the definition of the expression 'manufacturing process' in section 2(k)(i) of the factories act.16. for the aforesaid reasons, i am of opinion, the saw mill in which cutting and sawing of logs is involved comes within the definition of 'manufacturing process' as contemplated under section 2(1)(n) of the workmen's compensation act.17. accordingly the impugned order passed by the commissioner for workmen's compensation, on 16.3.91 is set aside. the matter is remanded to the commissioner to determine in accordance with law the compensation to which the appellant-claimant is entitled.18. the appeal allowed as stated herein and matter remanded.