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Judgment
K.A. Abdul Gafoor, J.—This appeal is by the claimant u/s 30 of the Workmen''s Compensation Act, 1923 (hereinafter referred to as "the Act").
The workman concerned was governed by the provisions of Part I of the Kerala Service Rules (hereinafter referred to as "the Rules") as he was an employee of the Kerala State Electricity Board. Rule 97(1) of the said rule enables the workman concerned to avail of special disability leave on being injured. Sub-rule (8) thereof provides thus:
"In the case of a person to whom the Workmen''s Compensation Act, 1923, applies, the amount of leave salary payable under this rule shall be reduced by the amount of compensation payable u/s 4(1)(d) of the said Act."
The payment envisaged u/s 4(1)(d) of the Act is the half monthly payment. In this case, there was permanent total disablement entitling compensation u/s 4(1)(b) of the Act. Inspire of that, leave salary was deducted from the lump sum compensation computed by the Commissioner for Workmen''s Compensation. The substantial question of law raised in this appeal is as to whether such deduction is permissible.
True, earlier there was half monthly payments. Necessarily, that shall have to be deducted from the lump sum compensation. Sub-rule (8) of Rule 97 of the Rules enables deduction of leave salary from the half monthly payments. In other words, leave salary cannot be deducted from the lump sum compensation payable u/s 4(1)(b) of the Act. As half monthly payment had already been deducted, no further amount can be deducted from the lump sum compensation. Accordingly, the question of law is answered in favour of the appellant. Therefore, there shall be a direction to the respondents to pay the amount with interest to the appellant within two months from today.
The appeal is allowed as above.