K R JAGADEESAN Vs. INDIAN CRUMP RUBBER FACTORY

JUDGEMENT

(1.) This is an appeal filed under S.30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') against an order passed by the Workmen's Compensation Commissioner (Deputy Labour Commissioner, Kottayam) under S.22 of the Act.)

(2.) The main question that arises for determination in this appeal is whether 'bonus' paid to an employee can be taken into consideration while determining the 'wages' as defined in S.2(m) of the Act.

(3.) The short facts required for the decision of the above question are as follows: The appellant is the applicant in WCC No. 10 of 1988 on the file of the Workmen's Compensation Commissioner, Kottayam. First respondent was the 'employer' and the second respondent was the insurer of the workman at the time of accident. While the appellant was working on a hammer roller machine in the factory on 27.7.1987 he sustained certain injuries by an accident. The injuries are as follows: