1. Being aggrieved by an award Ex. P1 passed in I. D. No. 2/78, Match Plywood Mazdoor Sabha, the petitioner herein, has come up before this Court praying for the issue of a writ of certiorari or other appropriate writ and quash Ext. P2.

2. The two points urged in support of the petition before this Court are (1) whether partial disability of a worker or partial loss of earning capacity can be said to be continued ill-health as contemplated under S.2(oo) (c) of the Industrial Disputes Act, 1947, for short the Act;. and (2) whether the finding of the Labour Court that there was categorization of workers in the 1st respondent-factory is sustainable.

3. One Ahammed Kutty, on 29-7-1976, while he was working in cross cutting machine in the factory of the first respondent met with an accident, and thereby three of his fingers of the left hand were lost (index, middle and ring fingers). He was immediately taken to the hospital where he was treated till 29-11-1976. The Employees State Insurance Corporation assessed disability as per Ext. Ml and found that he has lost 15 per cent of earning capacity and he was awarded compensation permissible in law. According to Ahammed Kutty, he