JUDGMENT
M.S. Rajendra Prasad, J.
1. This miscellaneous first appeal by the Bharath Gold Mines
Limited, Oorgaum, K.G.F. filed under Section 30(1) of the Workmen’s
Compensation Act, 1923 is directed against the order dated 25-1-
2001 in W.C.A.F.C. 6 of 1999, on the file of Commissioner for
Workmen’s Compensation, Kolar District, K.G.F., on the ground that the
subject-matter of appeal involves substantial question of law.
2. The Court has heard the arguments of the learned Counsels
appearing on both sides.
3. In view of the grounds urged in the memorandum of appeal
and at the time of arguments, the following points would arise for
consideration.
(1) Whether the appeal involves any substantial question of law? (2) What order?
4. Sri A.S. Bopanna, learned Counsel for the appellant,
strenuously contended that the material on record shows that the order
impugned is unsustainable in law and the medical evidence could not
have been brushed aside by the Commissioner and further could not have
observed that there was no need for post-mortem as the deceased had died
a natural death. The Commissioner had also erred in not placing reliance
on the documentary evidence issued by the Competent Authorities. He has
also contended that the subject-matter of the appeal involves a
substantial question of law. Hence, he has prayed for allowing the appeal.
5. On the contrary, Sri A.J. Srinivasan, learned Counsel
for the respondents strenuously contended that the order impugned
under the appeal is legal and valid. The Commissioner had considered the
facts in issue in the right perspective. The material on record also shows
that the deceased had died only on account of occupational disease. The
Workmen’s Compensation Act has been a beneficial legislation to safe-
guard the interests of the workmen and his legal representatives. He has
relied upon the following two decisions.
Placing reliance on the ratio of the aforesaid decision, he has prayed
for dismissal of the appeal.
6. Following few undisputed facts are necessary for disposal of
the appeal on hand.
The deceased Soku was working with the appellant-
company which is a public sector undertaking engaged in extraction
of gold bearing ore and purification of gold. The respondent 1 is
the wife and other respondents are the children of deceased
Soku, who died on 14-11-1998. The appellant-Corporation had
also deposited a sum of Rs. 2,07,300/- as compensation payable
to the respondents in pursuance of the order impugned.
7. From the material on record, it is also seen that the
respondents herein had submitted a claim petition on 29-11-1989
under Section 22 of the Workmen’s Compensation Act, 1923 praying for
grant of 100% compensation on account of death of Soku due to
occupational disease. The said petition had become contentious. It was
contended that 1st respondent had submitted Form-B stating that the
deceased had died due to alcoholic encephalopathy. The bone of contention
of the Corporation was to the effect that the Medical Board of
B.G.M.L., Oorgaum, K.G.F. had examined Soku and as per the Medical
Report, Soku was having 20% of pneumoconiosis PK Grade-II and
accordingly respondent 1 accepting the same she had also submitted
Form-B and the 1st respondent now can- not seek any enhancement in
this regard. During the course of enquiry, the 1st respondent got herself
examined as P.W. 1 and also relied upon the oral evidence of P.W. 2, the
brother of the deceased Soku and had also relied upon two documents. On
the contrary, the Corporation has examined the Doctor, Rajendra
Kumar B. and had also relied upon Exs. R. 1 to R. 5.
8. After appreciation of the evidence on record, the
Commissioner came to the conclusion that the respondents-claimants are
entitled for 100% compensation in this regard. Feeling aggrieved by the
said order, the appellant-Company has come up with the instant appeal.
9. In view of the statutory provisions of the Workmen’s
Compensation Act, now this Court will have to see whether any
substantial question of is involved in this appeal. As per the definite say
of the appellant, the Commissioner could not have ignored the medical
evidence placed on record by the Company and further he could not have
relied upon the oral evidence let in by the respondents. From the material
on record, it is seen that the deceased Soku died on 14-11-1998 and as
per Ex. R. 1, the Company had arrived at a conclusion that the deceased
employee was suffering from the said occupational disease and disablement
was assessed at 20%. This document is dated 17-11-1998. In
other words, this document came into existence after the death of Soku.
Ex. R. 2 also makes a mention that the disablement was assessed at 20%
on 14-11-1998. This also makes a mention that Soku had died on 14-
11-1998. The provisions of Karnataka Workmen’s Compensation (Oc-
cupational Diseases) Rules, 1968 and in particular, as per Rule 3 of the
said Rules pneumoconiosis disease had been recognised as an occupational
disease and the same provided six stages so far as earning capacity. The
other rules framed under the Statute provides for examination of the
employee and examination of the medical records pertaining to the said
employee to arrive at particular stage of loss of earning capacity. The bone
of the contention of the Company is that the occupational disease of the
employee had reached stage-II and as such the respondents were entitled
for 20% of the compensation. It is needless to say that it was incumbent
on the Company to place convincing material to show as to when
exactly the employee had been examined for the last time and what had
been the stage of occupational disease. It is pertinent to mention that the
Company has not placed any material to show the tests conducted, when
such tests had been conducted and what had been the report of the
Radiologist in this regard. In other words, the Company has not placed
any acceptable material to show the basis on which it had arrived at such
a figure of 20%. The case sheet of the employee maintained by the
Company has also not been placed on record. Admittedly, the employee
had been suffering from pneumoconiosis, a recognised occupational
disease. From the material on record, it is seen that Exs. R. 1 and R. 2 had
been prepared subsequent to the death of the employee. Possibly, if the
Company had placed all the available medical records in this case, the
case put forth by the Company could have been appreciated in a better
manner. For the reasons best known, to Company it has not placed any
such material.
10. It is seen from the said decision of the Apex Court, the
Apex Court has held that the assessment of earning capacity of an
employee is only a question of fact and in such a case, no substantial
question of law is involved. In the case on hand also, it is the bone of
contention of the appellant-Company that the Commissioner could not
have assessed the percentage of occupational disease at 100%, whereas,
the document placed by the Company shows that the occupational
disease had reached Grade-II and accordingly the respondents are entitled
only to 20% as compensation. This finding, in view of ratio laid down in
the said decision, involves only a question of fact and not any substantial
question of law. In view of the facts and circumstances of the case, this
Court cannot go into the question of fact and hold that the subject-
matter of appeal involves substantial question of law. It would suffice it
is held that the subject-matter of the appeal does not involve any
substantial question of law.
11. Before parting with the case, it is felt necessary to mention
that this Court on 18-4-2001 had passed the interim order to the
following effect.
“Admit.
Send for the Commissioner’s record and post the hearing
after vacation.
In the meantime, a sum of Rs. 70,000/- inclusive of the
amount deposited by the appellant-Company on 28-12-1998
shall be released in favour of the respondents from out of the
amount deposited by the appellant with the Commissioner. The
remaining amount available with the Commissioner shall be
invested by him in a fixed term deposit initially for a period of
one year in a Scheduled Bank. The interest earned by the deposit
shall enure for the benefit of the successful party”.
The said order had been communicated to the Commissioner and as
seen from the order sheet maintained by the Commissioner, the
Commissioner had passed an order releasing a sum of Rs. 70,000/-
which had been in terms of interim order. This Court had further
ordered for keeping the remaining amount with the Commissioner only
and the said amount to be invested in a Fixed Term Deposit initially for a
period of one year in a Scheduled Bank. The interest earned by the deposit
shall enure for the benefit of the successful parties. But the
Commissioner, in total disregard and wilful disobedience to the interim
order passed by this Court, had deposited a sum of Rs. 45,767/- each in
the names of respondents 2 to 4 in a Fixed Deposit and had further
ordered that respondent 1 being the natural guardian, is entitled to
withdraw the interest that may accrue on the said deposits. There has been
a glaring disobedience of interim order of this Court and in the opinion
of this Court, the Commissioner has committed contempt of this Court by
violating the said interim order of this Court. It is needless to emphasize
that an order of any Court established under law, whether interim or
final, has to be totally complied with and the intention of the Court
should be carried out in its strict sense and there cannot be any vari-
ation or violation by any Subordinate Court, Tribunal or an individual. If
not, such person will expose himself for action under the provisions of
the Contempt of Courts Act, 1971. Under these circumstances, in the
opinion of this Court, it would be in the ends of justice if the copy of the
order is placed before the Hon’ble Chief Justice, for initiating the con-
tempt proceedings against the Commissioner for gross violation of the
orders of this Court after the Registry ascertains the name of the officer
and the place of working now, for violating the order of this Court dated
18-4-2001, by passing the order dated 18-5-2001.
12. Under these circumstances, it would be desirable that if a copy
of this order is sent to all the Commissioners for Workmen’s Compensation
in the State for their future guidance and to avoid any unpleasant situation.
Accordingly, the Registry is directed to comply with the said direction.
13. In the result, the Court passes the following:
ORDER
The appeal is dismissed. The order impugned under the
appeal is confirmed. Parties to bear their own costs.