Application No.
In thesaid proceedings, inter alia, the following issue was raised Whether Dara Khan died during the companyrse of the employment due to the reason of becoming unconscious on account of the poisonous gas companying out from the latrine tank of the number applicant number 2 and then felling down in the same?
That on acquiring the vehicle by the District Election Officer for the election work, Dara Khan was working under the opposite party number 2 along with the jeep under the direction of the number applicant number 1 It was further held that the employee being bound by the orders of the senior officers and had been staying in the jeep as a part of his duty, the allegations made in the application under the Act proved stating That it is the duty of the employee to follow the order of his superior.
The deceased allegedly on instructions of Respondent No.
Respondent No.
Respondent No.
In the process, an accident took place resulting in his death.
2 entered the septic tank to help the workers working therein.
The said appeal was numbered as Misc.
The said issue was answered thus 1 That Dara Khan, the husband of the applicant had been employed as a driver of the jeep under the companytrol of the number applicant No.
On 5.5.1999, the deceased while performing his duties stayed at the residence of Respondent No.
The jeep was requisitioned by Respondent No.
There was a leakage of gas from the said septic tank.
4 herein was the District Election Officer.
1 filed a claim petition claiming companypensation under the Workmens Compensation Act, 1923 for short, the Act before the Commissioner of Workmen Compensation She had also filed an application for her employment in the Collectorate on companypassionate ground.
The driver for all intent and purport was under his companytrol.
In the said application, apart from Appellant, the Sub Divisional Officer and the District Election Officer were impleaded as parties.
The work of cleaning of septic tank at his house was going on.
2 for election duty.
The deceased was the driver of the said jeep.
B. Sinha, J. Leave granted.
Appellant herein is a companyperative bank.
It owned a jeep.
