Hon'ble DAS, J.—The workman being aggrieved by the judgment dated 10th September, 1999 passed by the Asst. Labour Commissioner & Commissioner for Workmen's Compensation, Rourkela, ('Commissioner' hereafter) in W.C. Case No. 38/1999 has filed this appeal under Section 30 (1) of the Workmen's Compensation Act, 1923 (in short 'the Act') for enhancement of the compensation awarded by the Commissioner.

A learned single Judge of this Court while hearing this appeal found that the Division Bench of this Court in C. David vs. Govind Chandra Mishra and Another, 1997(1) O.L.R. 353, and the single Judge decision in Golakha Chandra Bej vs. Gobinda Hari Passoria and Another, 1997 (II) O.L.R. 146, both rendered relying upon the decision of the Supreme Court in Pratap Narain Singh Deo vs. Shrinivas Sabata & Another, A.I.R. 1976 S.C. 222 : 1976 T.A.C. 348, were contradictory. Keeping in view the conflicting opinions and the importance of the question involved, the learned single Judge by order dated 14th March, 2000 referred the matter to a larger Bench and that is how this matter is placed before this Bench to resolve the issue.

2. In order to appreciate the scope of the reference, it would