Case Note & Summary
The appellants, being the wife, son, and parents of late Sri Vakil Choudhary, filed a claim petition under the Workmen's Compensation Act, 1923, before the Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation, Patna, in CWC No. 24 of 2011. The Commissioner allowed the claim in part, directing the first respondent, Reliance General Insurance Company Limited, to pay compensation of Rs. 4,31,671/-. The insurance company appealed to the High Court of Judicature at Patna in Miscellaneous Appeal No. 777 of 2014. The High Court, by judgment dated 01.10.2018, set aside the Commissioner's order on the ground that the dispute was a contested case and thus coram-non-judice before the Commissioner. The claimants appealed to the Supreme Court. The Supreme Court heard arguments from Mr. Atil Inam for the appellants and Mr. Vishnu Mehra for the first respondent. The Court held that the Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation has jurisdiction to adjudicate contested claims under the Workmen's Compensation Act, 1923, and the High Court erred in holding otherwise. The Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the Commissioner's order.
Headnote
A) Workmen's Compensation - Jurisdiction of Commissioner - Contested Claims - Section 19, Workmen's Compensation Act, 1923 - The Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation has jurisdiction to adjudicate contested claims under the Act. The High Court erred in holding that a contested dispute is coram-non-judice before the Commissioner. The Commissioner is a quasi-judicial authority empowered to decide all matters arising under the Act, including contested cases. (Paras 1-3)
Issue of Consideration
Whether the Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation has jurisdiction to adjudicate a contested claim under the Workmen's Compensation Act, 1923, or whether such a dispute is coram-non-judice.
Final Decision
Supreme Court allowed the appeal, set aside the High Court judgment dated 01.10.2018, and restored the order of the Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation dated 10.10.2014 in CWC No. 24 of 2011.
Law Points
- Jurisdiction of Deputy Labour Commissioner under Workmen's Compensation Act
- 1923
- Coram-non-judice
- Contested claims under Workmen's Compensation Act
