NARESH NATH MUKHERJEE Vs. S. R. DAS

JUDGEMENT

(1.) The respondent in the instant appeal made an application for payment of half - monthly wages on account of temporary disablement. On the 25th Feb., 1969,he applied to the Commissioner for Workmen's Compensation that he had subsequently attained permanent partial disablement to the extent of 22% and prayed for conversion of his claim for half - monthly allowances into one for permanent partial disablement. The commissioner, it appears, on the 23rd May, 1969, has allowed this amendment.Thereafter the case proceeded on the basis of permanent partial disablement and an award for Rs. 561 - 37p was made after deducting amounts already paid to the respondent.

(2.) Mr. Ganguli, appearing for the appellant, states that the appellant is willing to pay the amount awarded but the appellant's contention is that the amendment which the Court had allowed was not in accordance with law. Our attention has been drawn to section 6 (2) of the workmen's Compensation Act, 1923. This is a section which deals with "review" of half - monthly payments. sub-section 2 of section 6, inter alia, says:-

(3.) The Commissioner, therefore, may make an order for conversion of a claim for half - monthly payment into a claim for permanent disablement whether total or partial only on an application for review. In the instant case, there was no application for review. There was simply an application for half - monthly payment which was pending before the Commissioner. If the respondent had withdrawn this application and made a fresh application for compensation on the ground of permanent partial disablement, his second application could have been entertained. But in the absence of specific provision in the Statute the Commissioner should not have allowed his first application for half - monthly payment to be converted into an application for compensation for permanent partial disablement. The procedure adopted appears to be irregular. But since no substantial injustice has been done, we do not propose to interfere with the Commissioner's order. The respondent would be entitled to the sum of Rs. 561.37P. awarded by the Commissioner.