SURENDRAN Vs. KSEB
LAWS(KER)-2003-3-41
HIGH COURT OF KERALA
Decided on March 31,2003

SURENDRAN Appellant
VERSUS
KSEB Respondents

JUDGEMENT

- (1.) This appeal is by the claimant under S.30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as "the Act").
(2.) 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. R.97(1) of the said rule enables the workman concerned to avail of special disability leave on being injured. Sub -r.(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 under S.4(1)(d) of the said Act."
(3.) The payment envisaged under S.4(1)(d) of the Act is the half monthly payment. In this case, there was permanent total disablement entitling compensation under S.4(1)(b) of the Act. Inspite 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.;


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