Madhya Pradesh Court February 2009 Judgments

Kanija Bi Vs. Mines Manager, Damua Colliery, Western Coalfields Ltd.

Court: Madhya Pradesh

Reported in: 2009ACJ313

Abhay M. Naik, J.1. Facts giving rise to the present appeal are that one Sheikh Habib, s/o Azim submitted an application under Section 10 of the Workmen's Compensation Act, 1923 with allegations that he was working on the post of fitter in the underground mines of Damua Colliery of Western Coalfields Ltd. He had been serving the colliery for more than 25 years. During his service tenure, he contracted with the occupational disease pneumoconiosis (coal mine disease) due to hazardous nature of the job and due to inhalation of the particles of coal. He was sent to the Medical Board on 28.6.1996 and was declared sufferer from pneumoconiosis to the extent of 50 per cent. It was stated that such an employee is to be paid 100 per cent compensation for the said occupational disease. He was not paid such compensation. Therefore, he submitted an application under Section 10 of the said Act before the Commissioner for Workmen's Compensation, Labour Court, Jabalpur. On establishment of Labour Cour...