CHOPRA PRINTING PRESS Vs. DES RAJ

JUDGEMENT

(1.) DES Raj, an employee of Chopra Printing Press, Jullundur, made an application against Tilak Raj Suri, Proprietor of the Press for the recovery of Rs. 1,764 by way of compensation under the Workmen's Compensation Act. While working in the press he lost his right arm below the elbow. The application was resisted by the Respondent raising various pleas which gave rise to the following issues:

(2.) THE Appellant (Tilak Raj Suri) felt aggrieved against that order and came to this Court in appeal which came up before me on the 24th of August, 1961, when issue No. 2 was split up in three separate issues, namely (1) what remuneration Des Raj was drawing at the time this accident took place, (2) whether the provisions of the Minimum Wages Act applied to this case, and (3) if the answer to issue No. 2 is in the affirmative, to what amount of compensation would Des Raj be entitled and the case was remanded to the trial Court for its findings thereon.

(3.) IT is obvious, therefore, that even if a person tries to contract out of the provisions of this Act, he cannot do so by virtue of the provisions of Section 25 of the Minimum Wages Act. It is true that at the time of this accident the Respondent was actually drawing Rs. 35 per mensem but reading Sections 4 and 5 of the Workmen's Compensation Act along with Section 25 of the Minimum Wages Act and the notification mentioned above leave no room for doubt whatsoever that the Respondent would be deemed to be getting Rs. 60 per mensem at the relevant time. As such the compensation allowed to the Respondent (Des Raj) was correctly estimated. The appeal, therefore, stands dismissed with costs.