N. VENKATACHALA, J. ( 1 ) THESE arc the appeals filed under Section 30 of the Workmen's Compensation act, 1923 (for short 'the Act'), by Bharath Gold Mines Limited, K. G. F. (for short 'the employer'), against the awards made by the Commissioner for Workmen's compensation, Kolar District (for short 'the Commissioner'), awarding compensation to the workmen of the employer on premature termination of their services by reason of occupational discase-Silicosis contracted by them in the course of their employment. Respondent in each of these appeals, is the workman concerned. As the employment of the workmen involved their exposure to the inhalation of dust containing silica, they contracted the occupational discase-Silicosis listed as occupational disease in Part 'c' of Schedule III to the Act. The contracting of occupational discase-Silicosis by each workman made his employer to treat that disease as an injury arising out of an accident and in the course of his employment and to terminate his service between the year 1979 and the year 1982 When there was a demand made by each workman concerned for termination of his services by the employer, for compensation payable to him with reference to the date of termination of his service, the employer refused to concede to his demand. It is such refusal which led the workmen to file applications before the commissioner claiming from the employer compensation payable to them under the said Act with reference to the date on which the service of each of them was terminated. On enquiries held by the Commissioner on those applications, he made the awards. Under those awards, the employer is made liable to pay compensation lo each workman based on his wages drawn during the year when he was initially found to have contracted the occupational disease-Silicosis and not with reference to the wages he diew on the date of termination of his service due to contracting of that disease. A penalty of 50 per cent on the amount of compensation which was said to be payable, but not paid, is imposed on the employer as per each award. It is also said in each award that the compensation shall be paid by the employer as per the provisions of the Amendment Act, 1976, though earlier it was held that the compensation was payable to workmen with reference to the date on which such workmen had contracted the occupational disease, Silicosis. It is also said in each award that the compensation shall be paid by the employer as per the provisions of the Amendment Act, 1976, though earlier it was held that the compensation was payable to workmen with reference to the date on which such workmen had contracted the occupational disease, Silicosis. Feeling aggrieved by the awards so madeby the Commissioner, the employer has challenged their validity by filing against them the present appeals under Section 30 of the Act. That is how we arc required to examine the common question arising in these appeals, to wit, as to how, under the Act, the liability for compensation of the employer to the workman due to termination of his service on his contracting occupational disease, Silicosis, has to be assessed. ( 2 ) AS it would be advantageous to refer to the material provisions of the Act which provide an answer to the said question requiring our examination, they shall be adverted to. ( 3 ) CLAUSE (c) of sub-section (1) of Section 2 of the Act defines 'compensation' asmeaning compensation as provided for in the Act Clause (e) there of defines 'employer' as including any body of person whether incorporated or not, Clause (1) thereof defines 'total disablement' as meaning disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement. Clause (m) thereof defines 'wages' as including any privilege or benefit which is capable of being estimated in money, other than a travelling allowance or the value of any travelling concession or a contribution paid by the employer of a workman towards any pension or provident fund or a sum paid to a workman to cover any special expenses entailed on him by the nature of his employment. Clause (n) (hereof defines 'workman' as meaning, among others, any person who is employed on a monthly wages not exceeding Rs. 1,000/ -. Section 3 (1} of the Act which provides for employer's liability for compensation, reads:"3 (1 ). If personal injury is caused to a workman by accident a rising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter (Chapter- 11 ). "sub-section (2-A) of Section 3 reads. " (2-A ). If personal injury is caused to a workman by accident a rising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter (Chapter- 11 ). "sub-section (2-A) of Section 3 reads. " (2-A ). If a workman employed in any employment specified in Part 'c' of schedule III contracts any occupational disease peculiar to that employment, the contrating where of is deemed to be an injury by accident within the meaning of this Section. . . . . "part 'c ' of Schedule III reads:"occupational disease Employment silicosis Any employment involving exposure lo the inhalation of dust containing silica. "section 4 (1) (b), which provides for the amount of compensation, reads:" (b) Where permanent total disablement results from injury and the injured workman has been in receipt of monthly wages falling within limits shown in the first column of Schedule IV the amount shown against such limits in the third column thereof. "schedule IV (See Section 4) reads: "compensation payable in certain cases monthly wages of the workman injured amount of compensation for half monthly payment as compensation for temporary disablement death section 5 of the Act, which provides for method of calculating wages, reads: