DIVISIONAL RAILWAY MANAGER Vs. M LAXMI BAI

JUDGEMENT

(1.) THIS is an appeal under Section 30 of the Workmen's Compensation Act, 1923 by the Divisional Railway Manager, S.E. Railway, Khurda Road against the order of the Workmen's Compensation Commissioner dated 24 -4 -1982 in WCC No.25/81.

(2.) AN application was filed by the widow of late M. Appalaswamy, Driver G.C. praying for compensation on account of the death of her husband while on duty as an employee of Railway Administration. She claimed a compensation of Rs. 24000/ - against the present appellant before the Commissioner under the Workmen's Compensation Act. The Railway Administration filed their reply to the notice issued in pursuance of the application under Compensation Act alleging that the deceased M. Appalaswamy was not a workman as defined in the Workmen's Compensation Act. It was alleged that the monthly wages of late M. Appalaswamy was more than Rs. 1000/ -. Thus it excludes him from the definition as given in the Act. A calculation sheet indicating the average pay of M. Appalasgwamy was submitted before the Commissioner under the Workmen's Compensation Apt in which it was stated that the average pay of the deceased was Rs. 1020.04 p. The Commissioner of Workmen's Compensation Act after discussing all the points, that was urged before him, came to a conclusion that the deceased was employed on a monthly wages not exceeding Rs. 1000/ - and therefore, he was entitled to compensation claimed. The said order of the Commissioner is impugned in this appeal.

(3.) THE , aforesaid view of the Commissioner under the Workmen's Compensation Act appears to be justified. The word 'wages' has been defined in Section 2(1)(m) of the Workmen's Compensation Act which reads as follows: (m) 'wages' includes any privilege or benefit which is capable of being estimated in money, other than a travelling allowance or the value of any travelling concession or a contribution paid by the employer of a workman towards any pension or provident fund or a sum paid to a workman to cover any special expenses entailed on him by the nature of his employment. The Indian Railway Establishment Manual in Chapter XXXIII paragraph 3304 gives some guidelines for calculation of the wages of the workmen. One of the items in the said paragraph is the value of the clothingsif any supplied which according to the said paragraph is the value of the clothings if any supplied which according to the said paragraph should be taken into account while calculating the monthly wages of a workman. The method of caculation value of the clothings if any supplied to the employee has been given at Annexure A appended to that Chapter. The Manual itself indicates that the actual value of the clothings supplied should be calculated and not a percentage of the salary, has been done in the calculation sheet produced before the Commissioner. If this amount on the head of clothings is deducted from the total emolument of Rs. 1020.04 as calculated in the calculation sheet prepared by the Railway authorities the monthly wages of the deceased will be Rs. 990.34 i.e. less than Rs. 1000/ - and therefore he comes under the definition of the 'workman' as given in the Act.