petitioners introduced one scheme for voluntary retirement of permanent workmen, and another for Badili/Temporary/Casual employees. The schemes provided for payment of ex-gratia ... introduced on 4-7-1992, was for the benefit of permanent workmen. Clause 3 thereof, reads as under:
Permanent employees who opt for the scheme
means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing ... loss of earning capacity in the event of death, permanent total disablement, permanent partial disablement and temporary disablement, which result from injuries during the course
basis to interfere with the said finding.
6. The Tribunal took the permanent disability, suffered by the first respondent, at 40%. The salary ... purport of the definition of permanent 'partial' or 'total' disability as defined under the Workmen's Compensation Act , is taken
proceedings and describing him as
unabsorbed workman was only in the context of his not having
been made permanent. Across the Bar, it was stated ... unabsorbed workman, neither his
emoluments were reduced nor his position was downgraded. His
description as unabsorbed workman was in the context of several
workmen making
kinds of injuries under two categories, viz., those resulting in permanent total disablement, and permanent partial disablement. The disability caused to a limb or organ ... disability, and the nature of functions to be discharged by the workman. There cannot be any arbitrary fixation of loss of earning capacity unrelated
kinds of injuries under two categories, viz., those resulting in permanent total disablement and permanent partial disablement. The disability caused to a limb or organ ... disability and the nature of functions to be discharged by the workman. There cannot be any arbitrary fixation of loss of earning capacity unrelated
Narasimha Reddy, J.
1. This appeal arises under Section 30 of the Workmen's Compensation Act (for short ... filed W.C. Case No. 2 of 2005 before the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Ananthapur, (for short
award appropriate compensation, depending on the nature of employment of the workman. He too places reliance upon certain decided cases.
6. The only question that ... nature of injuries, such as those resulting in permanent total disability and permanent partial disability, the percentage of loss of earning capacity is indicated against
would make little difference as to whether an employee was permanent or temporary, the validity or legality of the order dated ... also
not in dispute that they answer the description of 'Workman' as defined in the Act. Therefore, it needs to be seen
award appropriate compensation, depending on the nature of employment of the workman. He too places reliance upon certain decided cases.
6. The only question that ... nature of injuries, such as those resulting in permanent total disability and permanent partial disability, the percentage of loss of earning capacity is indicated against
