( 1 ) THIS appeal filed by the appellant railway administration under sec. 30 of the Workmens Compensation Act 1923 (hereinafter referred to as the said Act) has been placed before me by the orders of the learned Chief Justice on account of difference of opinion between two learned Judges of this Court - N. H. Bhatt J. and I. C. Bhatt J. who earlier heard this appeal in a Division Bench pursuant to an earlier order of reference of this appeal to a larger bench. It may be stated that by coincidence even the earlier order of reference of this appeal to a larger bench was made by me on 6-5-81 when I heard this appeal initially for final hearing as a single Judge.

( 2 ) A few relevant facts leading to the present proceedings may now be noted.

( 3 ) THE appellant railway administration is the employer while the respondent is its employee. The respondent suffered an employment injury while he was working in the railway establishment of the appellant at Kota. He suffered this employment injury which arose out of and in the course of his employment. It totally destroyed the vision of his left eye. The incident in question happened on 11-10-71 when the respondent was sent for a months training at annual territorial army camp at Kota Rajasthan. While on duty he was struck with a wire nail which pierced his left eye. The said injury totally blinded his left eye. At the relevant time he was working as a points man in the western railway. According to the medical evidence the respondent was rendered totally unfit to work as points man on account of the aforesaid employment injury. He was given an alternative job as a water man.

( 4 ) UNDER the aforesaid circumstances the respondent was driven to file an application being application No. 1 of 1975 in the Court of the learned Civil Judge (Senior Division) at Palanpur who was also working as Commissioner under the Act. The respondent contended before the Commissioner that as he had suffered employment injuries which arose out of and during the course of his employment the appellant was liable to make good the compensation as payable to him under the Act. The appellant railway administration resisted the proceedings and contended that as the workman was sent by the railway authorities for receiving military training for one month at territorial army camp at Kota and as the accident was caused to him at that time he cannot be said have suffered from accidental injuries as a railway servant but on the contrary he had suffered the said accidental injuries as an army personnel and hence the railway administration was not bound to satisfy the claim under the said Act. It was further contended that the accidental injuries had not caused total disability to the workman and hence he was not entitled to compensation as claimed by him. The Commissioner negatived the aforesaid contentions of the railway administration and directed it to pay compensation to the tune of Rs. 23 520 to the respondent with costs and running interest at 6% from the date of compensation application till realisation. The aforesaid order of the Commissioner prompted the appellant to come to this Court under sec. 30 of the Act by way of the present appeal.

( 5 ) THIS appeal on an earlier occasion reached final hearing before me on 6-5-81. At that time Mr. M. M. Shah learned Advocate who appeared for the appellant raised three contentions before me in support of the appeal. 1. THE respondent at the relevant time when he received the accidental injuries was not working as a railway employee but had ceased to be a railway employee as he had joined the territorial army camp for training at Kota and consequently the provisions of Indian Army Act 1950 applied in his case. Hence the railway administration was not liable to make good the claim of compensation as put forward by the respondent. 2. ASSUMING that the workman was a railway employee when he received the accidental injuries even then the accidental injuries had