The Branch Manager The New India Assurance Company Ltd. v. Uma Devi And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.45 of 2016 ====================================================== The Branch Manager, The New India Assurance Co. Ltd. Begusarai through the Chief Regional Manager, Regional Office, New India Assurance Co ltd. 6th Floor, B.S.F.C. Building Fraser Road, Patna-1 ... ... Appellant/s
Versus
1. Uma Devi, wife of Shankar Tanti
2. Shankar Tanti, Son of late Saudagar Tanti
3. Mithilesh Tanti
4. Pankaj Tanti
5. Ram Babu Tanti, All Sons of Shankar Tanti, All are Resident of VillageMasadpur, P.S Barauni, Distt- Begusarai.
6. Sandeep Kumar Murarka, Son of Late Hira Lal Murarka, Resident of Village- Fulwaria Deen Dayal Road, P.S Fulwaria, Dist Begusarai. ... ... Respondent/s ====================================================== Appearance :
For the Appellant :
Mr. Raj Kumar Singh Vikram For Respondent no.1 :
Mr. M. Ashraf, Advocate.
For respondent no.6 :
Mr. S. K. Thakur, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 28-11-2018 Heard learned counsel for the appellant and learned counsel for the respondent nos.1 and 6 on this miscellaneous appeal.
2. This miscellaneous appeal has been preferred against the order dated 21.04.2015 passed by the Dy. Labour Commissioner-cum-Commissioner, Workmen Compensation Act, Munger Division, Begusarai in W.C. Case No. 03 of 2013 whereby Deputy Labour Commissioner allowing the claim petition directed the opposite party no.2-New India Assurance Company Limited to pay compensation to the tune of Rs.
2/4 5,04,170/-.
3. It is submitted by learned counsel for the appellant that he has filed written statement in the case and the case is contested one. Hence Deputy Labour Commissioner has got no jurisdiction to adjudicate the contested case under the Workmen Compensation Act rather Labour Court of the area has got jurisdiction over the same.
4. In the contested cases, only Labour Court of area concerned has got jurisdiction to entertain the dispute in view of the notification issued under Section 20 of the Workmen Compensation Act wherein the State has notified that in contested cases, Labour Court of the area concerned will have jurisdiction and Deputy Labour Commissioner is Commissioner for uncontested cases under Workmen Compensation Act and as such Deputy Labour Commissioner has no jurisdiction to pass an order in contested cases. Relevant para of the aforesaid notification is quoted as under:- "In exercise of the powers conferred by sub-section (1) and (2) of Section 20 of the Workmen's Compensation Act, 1923 (Act VIII of 1923) and in supersession of all previous notifications issued on the subject the Governor of Bihar is pleased to appoint the officers named in column 2 of Schedule hereto annexed to be ex-officio commissioners for Workmen's Compensation within the local limits of their respective jurisdiction as
3/4 specified in Column 4 of the said Schedule and to declare that:- (a) The Presiding Officers of the Labour Court, as ex-officio Commissioners for Workmen's Compensation shall deal with all contested cases arising under the said Act and the Rules framed thereunder;
(b) The officers other than the Presiding Officer of the Labour Courts as ex-officio Commissioners for workmen's compensation shall deal with non-contested cases only arising under the said Act and the Rules framed thereunder;- (c) All deposits of Workmen's Compensation amount for disbursement in pursuance of Section 8 shall be made with the Commissioner for Workmen's Compensation of the areas concerned other than the Presiding Officers of the Labour Court, as ex-officio Commissioner of Workmen's Compensation;
(d) All returns as required under sections 10A, 10B and 16 of the said Act shall be submitted to the respective Commissioners for the Workmen's Compensation other than the Presiding Officers of Labour Courts as ex-officio Commissioners for Workmen's Compensation; and (e) All petitions for claim of Compensation shall be filed in the Court of the Commissioner for the Workmen's Compensation; for uncontested cases and in case this becomes contested, they will be transferred to the respective Presiding Officers of the Labour Courts, as ex-officio Commissioner for Workmen's Compensation for disposal."
5. In view of the aforesaid notification, Deputy Labour Commissioner has got no jurisdiction to adjudicate the contested cases under the Workmen Compensation Act rather Labour Court of the area has got jurisdiction over the same. Hence, the aforesaid order passed by the Deputy Labour
4/4 Commissioner is illegal and beyond jurisdiction. Accordingly, aforesaid order is set aside and the case is remitted back with direction to the Deputy Labour Commissioner, Munger Division, Begusarai to refer the case to the Labour Court of the area concerned within fortnight from the date of receipt/production of a copy of this order and on receipt of the same, Labour Court of the area concerned is to dispose it of within six months from the date of receipt of the record.
6. Accordingly, this appeal stands disposed of. (Prakash Chandra Jaiswal, J) mantreshwar/- AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 29.11.2018 Transmission Date 29.11.2018