Divisional Manager vs Smt. Runa Devi and Others

P.K. Deb, J.—Heard the learned Counsel for the parties.

This appeal has been preferred against wired of compensation granted by the Presiding Officer, Labour Court Bhagalpur in W.C. Case No. 4 of 1995 and the compensation awarded is to the tune of Rs. 1,56,175.20 paise. The only point raised before this Appellate court is that the P.O. Labour Court, had committed error in making calculation on the basis of the schedule given in the Amended Workmen Compensation Act which came into force on 15.9.1995 although the occurrence took place on 9.2.1994 while the Old Act was in vogue. There were confusions as to which of the Act would be applicable. Whether the new Act would come for the purpose of calculation at the time of adjudication or whether the matter should be considered on the date of occurrence itself. At one point of time a Division Bench of the Apex Court held that if at the time of adjudication new Act has come into force then the calculation shall be made on the basis of the New Act. But then a Bench offence Judges held as reported in Kerala State Electricity Board and Another Vs. Valsala K and Another, that these section of enhanced rate of compensation cannot come into play even if the adjudication is taken after coming into force the amended Act rather the Act would come into play when the alleged accident ok place. In that way in the present case then the death occurred on 9.2.1994 then the calculation made on the basis of the low Act which came into force on (sic)9.1995 is bad in the eye of law. The calculation should be on the basis of Section 4 of the Old Act as per its explanation, that way the calculation portion of the atrium of the compensation as granted the Presiding Officer of Labour Court witch has been impugned is hereby set (sic)de and the matter is sent back to the Presiding Officer to calculate the companion on the basis of Section 4 of the Old Act with its explanation.

The appeal is hereby allowed but in circumstances of the case, there shall no order as to costs.