LAWS(KER)-2003-3-14

SUNDRAN Vs. KERALA STATE ELECTRICITY BOARD

Decided On March 31, 2003
SURENDRAN Appellant
V/S
KERALA STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) This appeal is by claimant under section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act').

(2.) The workman concerned was governed by the provisions of Part I of the Kerala Service Rules (hereinafter referred to as 'the Rules') as he was an employee of the Kerala State Electricity Board. Rule 97 (1) of the said rule enables the workman concerned to avail of special disability leave on being injured. Sub-rule (8) thereof provides thus:

(3.) The payment envisaged under section 4 (1) (d) of 'the Act' is the half-monthly payment. In this case, there was permanent total disablement entitling compensation under section 4 (1) (b) of 'the Act'. In spite of that, leave salary was deducted from the lump sum compensation computed by the Commissioner for Workmen's Compensation. The substantial question of law raised in this appeal is as to whether such deduction is permissible.