An employer is liable to pay wages to a workman for the period during which the workman is unable to work due to an accident, unless the employer takes action to stop the running of his liability to pay wages, either under the Certified Standing Orders or under the general law of master and servant.

Untwalia, J.

The petitioner has challenged in this writ application the ORDER :of the Presiding Officer, Central Government Labour Court at Dhanbad (respondent no. 1) made on the 24th January, 1970, a copy of which is Annexure "4" to the writ application, under Section 33C(2) ()f the Industrial Disputes Act, 1947, holding that the workman concerned (respondent no. 2) is entitled to receive a sum of Rs.3,294-15 from the petitioner, who is the employer in relation to Jamadoba Colliery of Messrs Tata Iron & Steel Company Limited. The second respondent appeared, filed counter-affidavit and opposed the application at the time of the hearing.

2. Respondent no. 2 while working in Pits 6 and 7 of Jamadoba Colliery as a miner met with an accident on the 29th of March, 1966. A slab or coal fell on him which fractured his ribs. He was examined by the Medical Board on the 30th June, 1966 as also on the 29th September, 1966 and on both the occasions the Medical Board was of the opinion that he was not fit to work and may be able to work in a few months' time. The Medical Board certified on re-examination of respondent no. 2 on the 30th of March, 1967 that he had become fit to join the job. Thereupon on two dates, that is on the 5th of April and 14th of April, 1967, the petitioner asked him to join the work, but he did not. Thereafter in accordance with Clause 19(16) of the certified Standing ORDER :s, charges were framed on 18/20th of April, 1967, domestic inquiry was held and eventually respondent no. 2 was dismissed by an ORDER :dated the 30th of December, 1967. Since at the time of taking action of dismissal of respondent no. 2 a reference case was pending before the Central Government, Industrial Tribunal No.2 at Dhanbad, in Reference Case No. 132 of 1967, the employer applied for approval of the ORDER :of dismissal to the Tribunal under Section 33 (2) (b) of the Industrial Disputes Act. The Central Government Industrial Tribunal by its ORDER :dated the 31st October, 1968 (Annexure "1") refused to accord approval to the ORDER :of dismissal. In short, the charge against respondent no. 2 framed by the petitioner was that the former had absented himself without reasonable cause. The defence was that since he was not fit to work, he could not join his job and, therefore, there was a reasonable cause for not joining his work. The Tribunal seems to have accepted the workman's case and as against the opinion of the Medical Board given on the 30th of March, 1967, came to hold that there was justification for the workman not to join his work. In that view of the matter, the ORDER :of dismissal was not approved. Thereafter respondent no. 2 offered to join his job on the 22nd of November, 1 968 and actually he resumed his work on the 6th of December, 1968. Sometime later he filed an application under Section 33C(2) of the Industrial Disputes Act before the Central Government Labour Court at Dhanbad claiming wages and other benefits for the period from 30.12.1967 to 5.12.1968. It appears that the workman concerned was paid his wages up to the date of the ORDER :of dismissal, but was not paid his wages between the period which expired from the date of making of the ORDER :of dismissal up to his joining duty on 6.12.1968. And that necessitated the filing of the application, resulting in the impugned ORDER :(Annexure (“4").

3. Respondent no. 2 filed an application on 23.1.1967 under Section 4 of the Workmen's Compensation Act before the Workmen's Compensation Commissioner, Dhanbad, claiming compensation of Rs.9800/- on account of the injury sustained by him which, according to him, permanently and totally disabled him. A copy of this application is Annexure "5" to the affidavit in reply filed on behalf of the petitioner. That application was numbered as W.C. Case No.2 of 1967. The petitioner resisted that case. The Presiding Officer, Labour Court, Chotanagpur Division, Ranchi, by his ORDER :dated the 23rd of September, 1968 (Annexure "2") allo