JUDGMENT - A.A. DESAI, J.:---This appeal at the behest of State raises a question as to whether a personnel engaged under the Employment Guarantee Scheme in the event of disability suffered during the course of the employment, is entitled to claim compensation as per the provisions of the Workmens Compensation Act. 1923 (the Act of 1923).

2. The respondent Tukaram was provided work under the Scheme. On 3rd of June, 1982 while on duty he met with an accident and ultimately lost his four fingers of the left hand. He approached the Commissioner under section 19 of the Act of 1923. By the impugned award the Commissioner has awarded compensation of Rs. 12,600. While challenging the award Mr. Patil, the learned Government Pleader for the State urged that in view of section 16 of the Maharashtra Employment Guarantee Act, 1977 (the Act of 1977) the respondent is not entitle to claim such compensation under the provisions of the Act of 1923. Mr. Patil pointed out that section 16 has overriding effect, which reads thus:

"16. The provisions of this Act or scheme....shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force....."

Mr.

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