Divisional Manager, United India Insurance Company Ltd. And ANR. v. Most. Rina Devi And ORS.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.849 of 2012 ===========================================================
1. Divisional Manager, United India Insurance Company Limited, Divisional Office, 60 Janpath, New Delhi
2. Divisional Manager, United India Insurance Company Limited, Divisional Office, Suraksha Bhawan, Akharaghat Road, Muzaffarpur, Appeal And Appellants Through The Manager & Constituted Attorney, Regional Office, United India Insurance Company Limited, 3rd Floor, Chanakya Towers, R'Block, Patna .... .... Appellant/s
Versus
1. Most. Rina Devi W/O Lt. Pappu Singh @ Braj Kishore Singh Resident Of Village Hasanpura, P.O./ P.S.- Mardhaura, Dist. Saran (Chapra) At Present Address C/O Ravi Electric, Rewa Road, Bhagwanpur, P.S.- Sadar, Muzaffarpur
2. Smt. Sandhaya Bhatt W/O Shri Sunil Kumar Bhatt Resident Of D. 374 Pul Pehladpur, Badarpur, New Delhi- 110047 (Owner) .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Durgesh Kumar Singh, Advocate. For the Respondent no.1 : Mr. Bijay Kumar Singh, Advocate. For the Anil Singh : Mr. Anil Singh, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 03-08-2015 Heard the parties.
2. I.A. No.6304 of 2014 has been filed for condonation of delay.
3. This Court is satisfied with reasons assigned in the aforesaid interlocutory application. Accordingly the delay in filing the appeal is hereby condoned and I.A. No.6304 of 2014 is disposed of.
4. In the present appeal the appellants are challenging the order dated 4.10.2012 passed by the deputy Labour
Commissioner-cum- Commissioner workmen Compensation, Muzaffarpur in WCC No.10 of 2009 by which compensation has been allowed against the appellants.
5. In the present appeal short question has been raised about the competency of Deputy Labour Commissioner, Muzaffarpur to decide the contested case as has been claimed that he has only jurisdiction to deal with uncontested cases.
6. From the record it appears that one Pappu Singh alias Braj Kishore Singh driver of a truck bearing registration no. HR38K-7446 was kidnapped and killed by the miscreants which led to filing of the case under the Worksmen Compensation Act vide WC No.10 of 2009. Insurance Company has appeared and has challenged the jurisdiction of Deputy Labour Commissioner on the ground of territorial jurisdiction as also the claim of compensation.
7. In such circumstances only Labour Court of area concerned has jurisdiction to entertain the dispute of contested cases in view of 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. It will be relevant to quote the relevant notification:
"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 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 exofficio Commissioners for Workmen's Compensation; and (e) All petition's for claim of Compensation shall be filed in the Court of the Commissioner
for the Workmen's Compensation;
for uncontested cased 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."
8. In view of the notification aforesaid Deputy Labour Commissioner does not have jurisdiction to adjudicate the contested cases under the Workmen Compensation Act but the Labour Court of area concerned has jurisdiction to adjudicate such dispute It is well known principle of law that even by agreement of the parties jurisdiction cannot be conferred to Court or Tribunal to adjudicate the disputeif has no jurisdiction on the subject.
9. In such view of the matter the order of Deputy Labour Commissioner, Muzaffarpur is perse illegal and not sustainable in law.
10. Accordingly the impugned order 4.10.2012 is hereby quashed. The Deputy Labour Commissioner, Muzaffarpur is directed to transfer the records of the case to the Labour Court, Muzaffapur within a period of one week from the date of receipt/production of a copy of this order. On receipt of the same Labour Court, Muzaffarpur is directed to decide the case after giving due notice to the parties within a period of six months
from the date of receipt of the record.
11. Accordingly this appeal is allowed. (Shivaji Pandey, J) Vinay/- U