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16. The issue No.5 came to be answered as under;

Whether the opponent proves that, the applicant has not contracted Silicosis during his service in the opponent No. 3 institution?

On perusal with regard to this issue then the Assistant Director, Industrial Safety & Health, Godhra has addressed letter to the Director, Industrial Safety & Health, Gujarat State, Ahmedabad on 5/7/2008 and in the said letter the name of the said workman is shown as working in Bharat Silica Sand, Chikhodra, Godhra. Below Exh. 24/2 Mr. Bihariram, Assistant Director [CPIO] has in reference to RTI application by Mr. Mohit Gupta, New Delhi with his letter dated 7/10/2009 in the list annexed 'List of insured persons who were suffering from Silicosis Occupational Disease' in this list the name of concerned workman is given at Sr. 26,and against his name shown working in Bharat Silica Mill. On behalf of the opponent Corporation in the Exh. 18/1 report of ESI Corporation Kalol Office Branch Manager has during his visit on 1/8/08 made report about the concerned workman, and the name of the workman, where he was working the said Bharat Silica Sand institution had not allotted insurance number, and used the words 'not in employment'. This means that at the time of the visit of the Manager the concerned workman was not in employment. The Manager has used the words 'suspected case of Silicosis' in his report. At the time of making this report the Manager was aware that the institution in which the workman was working may or may not have any other diseases but he would contract Silicosis diseases. He is himself not a doctor but in his C/FA/2374/2015 JUDGMENT report he has not directly written Silicosis diseases is caused but the word doubtful is used and indirectly admitted the Silicosis diseases. On behalf of the applicant in his statement also it is stated that in this institution the work of silica stone crushing was done and powder was manufactured. The silica stones are used as raw materials. During the manufacturing process very find dust of silica is flying. The applicant is working as Helper in the opponent institution No. 3, therefore he was doing the work of putting silica stones in the crusher, taking out powder from the machine, fill in the bags, weigh the bags and stitch them and to properly arrange the bags and etc. work was done by him. The applicant was daily working in 12 hours shift, and he was provided a room by the company inside the company for living. Thus, the concerned workman was doing the work of crushing silica stones and was engaged workman by the institution, there are no reasons not to believe this.