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Patna High CourtMA/27/2016disposed

The Branch Manager The New India Assurance Company Ltd. v. Sita Devi And ORS

2018-11-27Mr. Justice Prakash Chandra Jaiswal4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.27 of 2016 ====================================================== The Branch Manager, The New India Assurance Company Ltd., Begusarai through the Chief Regional Manager, Regional Office, New India Assurance Co. Ltd., 6th Floor, BSFC Building, Fraser Road, Patna-1 ... ... Appellant/s

Versus

1. Sita Devi, W/o Late Mantun Paswan.

2. Ram Kumar Paswan.

3. Luxman Kumar Paswan.

4. Shrawan Kumar Paswan 2 to 4 are minor sons of Late Mantun Paswan represented through their natural guardian mother Sita Devi (Respondent no. 1) All R/o Village-Jamra, P.S. Barauni, District- Begusarai.

5. Sandeep Kumar Murarka S/o Late Hira Lal Murarka, R/o Village-Fulwaria Deen, Dayal Road, P.S. Fulwaria, Distt-Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Raj Kumar Singh Vikram For the Respondent no. 5 :

Mr. S.K. Thakur For the Respondent no. 1 : Mr. P.C. Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 27-11-2018 Heard learned counsel for the appellant and learned counsel for the respondents 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-Workmen's Compensation Commissioner, Munger Division, Begusarai in W.C No. 2 of 2013 whereby Deputy Labour Commissioner allowing the claim petition directed the opposite party no.2- The New India Assurance Company Ltd to pay compensation to the tune of Rs. 5,04,170/-.

2/4

3. From perusal of the record, it appears that both the opposite parties putting their appearance in the court below filed their written statements. Thus it appears to be a contested case. 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.

(b) The officers other than the Presiding Officer of the

3/4 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."

4. 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 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

4/4 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.

5. Accordingly, this appeal stands disposed of. (Prakash Chandra Jaiswal, J) rohit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28-11-2018 Transmission Date NA