Mere returning to work and earning wages does not amount to reasonable cause for not making a claim for compensation under the Workmen's Compensation Act, 1923.

( 1 ) THIS is a revision praying that an order of the learned Commissioner for Workmen's Compensation granting the opposite party compensation to the amount of Rs. 283-8-0 together with Rs. 10 costs be set aside.

( 2 ) THE opposite party Abdul Samad claimed a sum of Rs. 882 as compensation from the petitioners, the Kamarhatty Jute Mills Co. Ltd. , who were his employers. He alleged that sometime in the month of March 1925 he sustained an accident whilst on duty in the engine department of the petitioners' factory and as a result received personal injuries which resulted in a loss of capacity for work. The accident was concerned with some machinery in the factory and the opposite party's right hand, it is said, was caught in this machinery and the thumb and index finger damaged. Eventually, it is said, the first phalanx of the thumb and half the index finger were removed by amputation.

( 3 ) NO claim for compensation was made in this case until 3-8-1950 over twenty-five years after the alleged accident. It was stressed on behalf of the petitioners that the applicant opposite party actually left their service on 1-1- 1943, due apparently to the fear of bombing by the Japanese, later he rejoined and resigned his service on 24-3-1950 and as I have stated made his claim on 3-8-1950.

( 4 ) THERE was a dispute in the Court below as to whether there had been any accident and as to whether this man had a damaged hand when he first entered into service. The petitioners of course were at a very grave disadvantage having regard to this lapse of time. But the learned Commissioner held that the accident had been proved and as that is a finding of fact it cannot be challenged before us as there was evidence to support it.

( 5 ) IT was, however, urged that the claim for compensation was bound to be dismissed by reason of the fact that no claim for compensation had been preferred within twelve months of the date of accident. Admittedly, no claim was made, but it was contended on behalf of the opposite party that there was reasonable cause for not making such a claim. The learned Commissioner eventually held that there was reasonable cause for not making this claim within twelve months of the date of the accident and accordingly rejected the plea that want of claim within the stipulated period was a complete bar to the grant of any compensation.

( 6 ) THE point as to failure to make a claim within twelve months was a point of substance. The necessity for making prompt claims is clearly seen in cases of this kind. The management of these mills had changed since 1925 and it was quite impossible for the present management to deal with this claim.

( 7 ) THE opposite party endeavoured to make a case that he did not claim compensation as some senior officials in the management at the time of the accident had promised him compensation. Had he been able to establish that, it might have been held that he had reasonable cause for not making his claim within twelve months. The learned Commissioner however rejected that explanation and I think rightly.

( 8 ) THE learned Commissioner, however, held that this workman had reasonable cause for not making a claim within twelve months because he had returned to work under the petitioners and had earned similar if not higher wages. He certainly had earned higher wages at a later stage of his employment. In those circumstances the learned Commissioner felt that he could be excused from making a claim within twelve months.

( 9 ) DOES the fact that an injured workman has returned to work and been able shortly after the accident to earn his pre-accident wages or even higher wages excuse him from making a claim within twelve months of the date of the accident? This matter was considered at considerable length by the English Court of Appeal in Lingley v. Thomas Firth and Sons, Ltd. , (1921) l K. b. 655. It is to be observed that the provision requiring notice of claim in the English Workmen's Co