1. THIS appeal has been referred to the full Bench by a division Bench consisting of A. N. Sen C. J. (as his Lordship then was) and R. M. Dutta, J, as the Bench could not agree with the decision of another Division bench reported in 80 C. W. N., 513 (Katras Jherriah Coal Co. Ltd. v. Kamakhya Paulj. We may state the facts leading to the present reference.

2. THE respondent Gokul Chandra Mondal, a workman in the wage group of Rs. 300-400/- per month under the appellant, Lipton (India) Ltd., filed an application before the Commissioner for Workmen s' Compensation claiming from the appellant a sum of rs. 3,780/- as compensation at the rate of 30% loss of his earning capacity alleging that on March 28, 1972 he had sustained an injury to his left eye by the fall of iron particles with the consequent loss of vision in an accident arising out of in the course of his employment under the appellant. The appellant admitted the employment of the respondent under it, his rate of wages and the injury suffered by him in course of his employment, but denied that he had lost the vision of his left eye, as alleged. . It was alleged that the respondent was disabled for 14 days and thereafter