PREMA BAI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is claimants' appeal under Section 30 of the Workmen's Compensation Act for enhancement of compensation.

(2.) THE only submission of the learned counsel for the appellants is that though on account of the death of deceased, the Labour Court had granted compensation, but has not calculated the wages on the basis of revised pay-scale, which has come into force w.e.f. 1.1.1986 whereas the accident took place on 2.2.1986, therefore, it was submitted that the appellants were entitled for the compensation to be calculated at the revised rate of wages as the same was applicable to him.

(3.) HAVING heard the learned counsel for the parties I am of the view that when the notification was issued in October' 86, was made effective from 1.1.1986 (i.e., prior to the date of accident) then certainly it is the wages for compensation has to be calculated from the revised rate and the accident on 2.2.1986 cannot be treated as the detrimental to the LRs of the employee. Admittedly, the aforesaid notification for revised wages/pay-scale was made effective from 1.1.1986, thus, as pointed out by the learned counsel for the appellants the wages are to be calculated and payble to the employee w.e.f. 1.1.1986 at the revised rate. The learned Commissioner should have calculated the wages from 1.1.1986 at the revised rate for whole period and should have considered not only for a period of one month but for the entire period for which he was entitled to claim compensation.