JUDGMENT D.S. Mathur, J. - This is an appeal by Smt. Angoori Devi against the order dated 3.3.1960 of the Commissioner under the Workmen's Compensation Act, Moradabad dismissing her application for the award of compensation on the ground that her deceased son was not a workman within the meaning of the Workmen's Compensation Act. 2. Smt. Angoori Devi had alleged in her application and her witness, Tej Kumar Jain also made a statement as if the duty of Udai Chand Jain deceased was not only to count trucks and other conveyances and passengers passing on the road under census but also to lift ballis. This statement is partly correct. This would appear from the statement on oath of the overseer Indra Chand Jain, examined on behalf of the P.W.D. and also from the instructions for taking road census. In 1957 the deceased was employed as an enumerator and his duty was merely to count the trucks and to make necessary entries in the forms. One chaukidar was attached to each enumerator to life ballis and to do other manual work. 3. The Commissioner apparently thought that an employee discharging clerical duties did not come within the definition of workman. This was not a correct view. When a term is defined in the enactment, court has to look into that definition and not to its ordinary meaning. A perusal of the second schedule of the Workmen's Compensation Act makes it clear that clerical staff is excluded as far as some sections are concerned and not all. 4. It was urged before me that the case of the deceased fell in Clause (viii) of the II Schedule, namely, that he was a person employed in the repair of a road. Census is taken long before the repairs. Census is meant to know the nature of the traffic on the road, which would be of assistance in determining what should be the width of the road and the nature of the metalling whether it be cemented or merely asphalt would do. When census is taken long before the repairs or the reconstruction of the road it cannot be said that the person taking the census is employed in the construction or repair of the road.
When census is taken long before the repairs or the reconstruction of the road it cannot be said that the person taking the census is employed in the construction or repair of the road. If the legislature had used general words to show that any one connected with the repair or construction came within the category of a workman, we might have taken a different view. It shall be found that the actual words used in the clause are "employed in the construction, maintenance, repair or demolition." 5. To the most, it can be said that the deceased was employed in connection with the construction, maintenance or repair of the road; but he was not a person who was employed in such construction, maintenance or repair. 6. The deceased, Udai Chand Jain, was thus not a workman within the meaning of the workmen's Compensation Act and the application for her mother for the award of compensation was rightly dismissed. The F.A.F.O. has no force and it is hereby dismissed. Costs on parties.