Per G. SIVARAJAN, J.

The scope of Section 46 read with Section 51-B and Section 2(15-A) of the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Act') arises for consideration in this case.

The appellant has been employed as a Security Guard in the Sitaram Textiles Ltd. Punkunnam, Trichur. He was an insured employee under the Act. He sustained an employment injury on December 15, 1987 due to an accidental fall in a pit causing fracture to his right ankle. According to him, due to the injury sustained it is not possible for him to work as a Security Guard though he is continuing in employment due to the magnanimity of the employer. On June 8, 1988 the appellant was referred to the Medical Board for assessing his loss of earning capacity. The Board initially fixed his loss of earning capacity at 6% on a provisional basis for a period of one year and later, the loss of earning capacity was fixed at 2% on a permanent basis. Aggrieved by the fixation of the loss of earning capacity by the Medical Board, he filed an appeal before the Employees' Insurance Court, Alleppey. The said appeal was dismissed on the ground that the loss of earning capacity is not aff