Hardayal Hardy, CJ. (Oral)

( 1 ) THIS appeal under Clause 10 of the Letters Patent is directed against the judgment of a learned Single Judge of this Court in Civil Writ No. 1694 of 1967 whereby the award made by the Labour Court on 15-7-1967 was confirmed by the learned Judge.

( 2 ) SOME of the facts leading to this appeal were no doubt disputed by the parties but as the questions arising for determination in this appeal are based on un-disputed facts, we shall set out only those facts as to which the parties are in agreement.

( 3 ) THE appellant. National Tin Manufacturing Company, is an establishment which is engaged in the manufacturing of tins and is registered under the Delhi Shops and Establishments Act, 1954. In March 1966 there were only six employees on its roll. The accounting year of the firm is April 1964 to March 1965.

( 4 ) IN March 1966, Mohd. Arfin, who was impleaded as respondent No. 2 and was an employee of the firm, filed a claim that due to accident he had l een permanently disabled and should be paid compensation for disablement. He was accordingly paid Rs. 866. 00 by an order of the Commissioner under the Workmen s Compensation Act, 1923. Shri Mohd. Arfin was

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