SINGARENI COLLIERIES CO. LTD. Vs. COMMISSIONER FOR WORKMENS COMPENSATION AND ASSISTANT COMMISSIONER OF LABOUR AND ANR.

JUDGEMENT

(1.) AGGRIEVED by the order dated 29.9.1997, passed by the Commissioner for Workmen's Compensation, Khammam (for short 'respondent No. 1') in W.C. No. 31 of 1995, Singareni Collieries Co. Ltd., preferred this appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act').

(2.) RESPONDENT No. 2 was employed as a coal cutter by the appellant on 13.3.1961. He was rendered medically unfit with effect from 13.2.1988. He was extended the necessary benefits as provided for under the relevant statutes and scheme and it is stated that his wife was provided with compassionate appointment. Respondent No. 2 submitted a claim before the respondent No. 1 claiming compensation on the ground that he suffered the disease 'bilateral chronic simple glaucoma' on account of hazardous employment.

(3.) LEARNED Counsel for the appellant submits that the compensation is payable under the Act only for the injuries that are referred to in the various Schedules, that too, by applying a formula. He submits that admittedly the ailment suffered by respondent No. 2, does not find place in Schedule III to the Act and as such no compensation was payable. He submits that the respondent No. 1 awarded compensation contrary to the provisions of the Act.