JUDGMENT R.R. Mishra, J.
1. Mohd, Ishaq, respondent, was at the material time a workman employed by the D.S. Central Railway, Jhansi and on 29.8.73 received personal injury by accident arising out of and in the course of his employment and his left leg heel was fractured. On these facts there is no dispute. The claimant, however, made a claim for Rs. 2,200/- as compensation on the ground that he has suffered permanent partial disablement from the aforesaid accident and this disability has caused 10 percent loss of his earning capacity as calculated by the Medical Board. The defence of the appellant was that due to the said injury no loss of earning capacity has been caused and hence the claimant was not entitled to any compensation. By the impugned order dated 2.4.1979 passed by the commissioner workmen's Compensation, Jhansi, under Section 4 of the Workmen Compensation Act, 1923 the said claim made by the claimant was held to be admissible.
The aforesaid Commissioner has in his order held that according to a circular of the Central Railway circulated by the Ministry of labour, Govt. of India in their G.O. No. 37025/77-B 1 dated 5.4.78 in a case of permanent partial disablement the earning capacity of the work mans to be determined with reference to every employment which he was capable of undertaking at the time of the accident and not merely with reference to the particular employment in which he was engaged at that time. Thus the defence on the narror view taken by the central Government was negatived by the said Commissioner.
2. Having heard Sri P.N. Katju, learned Counsel for the appellant, I find that on the findings arrived at as above the impugned order does not suffer from any error either of facts or law.
3. In the result, the first appeal from order fails and is dismissed with costs.
4. Theinterimorderdated20.7.79grantedbythisCourtin this case is here by vacated.