CHANAKYA NATIONAL LAW

UNIVERSITY, PATNA
FINAL DRAFT IN THE COMPLETE FULFILLMENT OF THE COURSE : L ABOUR LAW I

TOPIC : POWERS CONFERRED TO THE COMMISSIONER UNDER

EMPLOYEE’S COMPENSATION ACT, 1923

Submitted to : Pallavi Shankar Ma’am

Name : Ishan Bramhbhatt

Year : 2nd year B.A. LL.B (Hons.)

Roll Number : 1733

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 DECLARATION

I hereby declare that the work reported in the B.A. LL.B. (Hons.) project report titled “Powers
Conferred to the Commissioner Under Employees’ Compensation Act, 1923” submitted at
Chanakya National Law University is an authentic record of my work carried out under the
supervision of Pallavi Shankar Ma’am. I have not submitted this work elsewhere for any other
degree or diploma. I am fully responsible for the contents of my project report.

Signature of the Candidate

Names of the Candidate : Ishan Bramhbhatt

Chanakya National Law University

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 Acknowledgment

First of all I would thank Pallavi Shankar Ma’am for his guidance and support because of which
this project has a shape.

I would also extend my gratitude to my family, my friends and all those who helped my while I
was preparing this project.

I would also thank the Chanakya National Law University administration for the magnificent
library and extensive curricular support because of which we, the students of the institution, have
gained knowledge.

For the support of everyone who helped me make this project, I extend my gratitude.

Ishan Bramhbhatt

Roll No. 1733

Batch 2017-2022

B.A. LL.B. (Hons.)

Chanakya National Law University

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 Aims and Objectives
 The researcher’s prime aim is to present a detailed study of "POWERS CONFERRED TO
COMMISSIONER UNDER EMPLOYEES COMPENSATION ACT, 1923", through articles, affirmations,
decisions and suggestions.

 The researcher aims to descriptively provide a critical overview of the topics arising.

 The main goal of this research is to understand the legal position in Indian context.

 And also to know about evolution of related case law(s) with changing spectra of society

Hypothesis
The Commissioners under the Employee’s Compensation Act, 1923 is a civil court
subordinate to the respective High Court.

Research Methodology

This project is based mainly and heavily on written text material. It is based on the doctrinal
method of research. The segments are structured and written actively. The writing style is
descriptive as well as analytical. This project has been done after a thorough research based upon
intrinsic and extrinsic aspect of the assigned topic. The doctrinal method in this research paper
refers to various books, articles, newspaper, magazine, Dictionary and political review. In this
research paper, the researcher will only use Doctrinal method.

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Table of Contents
DECLARATION..............................................................................................................................................2
Acknowledgment........................................................................................................................................3
Aims and Objectives....................................................................................................................................4
Hypothesis..................................................................................................................................................4
Research Methodology...............................................................................................................................4
Introduction................................................................................................................................................6
Statement of Objects and Reasons..........................................................................................................7
Commissioner under Workmen Compensation Act, 1923......................................................................8
Definition and Appointment of Commissioner............................................................................................9
Definition.................................................................................................................................................9
Appointment of Commissioner (S. 20)..................................................................................................10
Powers and Functions of Commissoner....................................................................................................12
Reference To Commissioners- (S. 19)....................................................................................................12
Powers and Procedure of Commissioners (S. 23)..................................................................................13
Form of Application...............................................................................................................................14
Power to require from employers statements regarding fatal accidents (s. 22A)..................................15
Reports of fatal accidents and serious bodily injuries...........................................................................15
Award of compensation by Workmen’s Compensation Commissioner.................................................16
Principle of Waive or Acquiescence......................................................................................................16
Refusal by Commissioner to Record Memorandum of Agreement.......................................................16
Method of Recording Evidence.............................................................................................................16
Costs......................................................................................................................................................17
Power to submit cases..........................................................................................................................17
Registration of agreements...................................................................................................................17
Appeal...................................................................................................................................................17
Recovery................................................................................................................................................18
Analysis & Conclusion...............................................................................................................................20
Bibliography..............................................................................................................................................21
Books referred to..................................................................................................................................21
Websites Referred to.............................................................................................................................21
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Introduction
The intention of the Legislature was to make the employer an insurer of the workman
responsible against the loss caused by the injuries or death, which ought to have happened, while
the workman was engaged in his work.The growing complexity of industry in this country, with
the increasing use of machinery and consequent danger to workmen, along with the comparative
poverty of the workmen themselves, rendered it advisable that they should be protected, as far as
possible from hardship arising from accidents. After a detailed examination of the question by
the Government of India, Local Governments were addressed in July 1921, and provisional
views of the Government of India were published for general information. The advisability of
legislation had been accepted by the great majority of Local Governments and of employers‘ and
workers‘ associations and the Government of India believed that public opinion generally is in
favour of legislation. In June, 1922 a committee was convened to consider the question. After
considering the numerous replies and opinions received by the Government of India, the
committee was unanimously in favour of legislation, and drew up detailed recommendations. On
the recommendations of the committee the Workmen‘s Compensation Bill was introduced in the
Legislature. The Workmen‘s Compensation Bill having been passed by the Legislature received
its assent on the 5th March, 1923. It came into force on 1st day of July, 1924.1
The Workmen‘s Compensation Act, 1923 is one of the earliest labour welfare and social security
legislation enacted in India. It recognizes the fact that if a workman is a victim of accident or an
occupational disease in course of his employment, he needs to be compensated. The Act does not
apply to those workers who are insured under the Employees‘ State Insurance Act, 1948. Section
53 of the Employees‘ State Insurance Act provides that an insured person or his dependents shall
not be entitled to receive or recover whether from the employer of the insured person or from
any other person any compensation or damages under the Workmen‘s Compensation Act, 1923
or any other law for the time being in force or otherwise in respect of an employment injury
sustained by the insured person as an employee under this Act.

1 The Workmen‘s Compensation Act, 1923 (8 of 1923), as amended by Act No. 22 of 1984
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Workers compensation in India may seem to be a headache for all types business in India, but it
is a boon for both employees and employers. It gives employees several benefits, which helps in
keeping up motivation and loyalty towards the company. This, in turn, leads to better
performance as well as reduced employee attrition rates.

Statement of Objects and Reasons

The general principles of workmen‘s compensation command almost universal acceptance and
India is now nearly alone among civilized countries in being without legislation embodying
those principles. For a number of years the more generous employers have been in the habit of
giving compensation voluntarily, but this practice is by no means general. The growing
complexity of industry in this country, with the increasing use of machinery and consequent
danger to workmen, along with the comparative poverty of the workmen themselves, renders it
advisable that they should be protected, as far as possible from hardship arising from accidents.

An additional advantage of legislation of this type is that by increasing the importance for the
employer of adequate safety devices, it reduces the number of accidents to workmen in a manner
that cannot be achieved by official inspection. Further, the encouragement given to employers to
provide adequate medical treatment for their workmen should mitigate the effects of such
2
accidents as do occur. The benefits so conferred on the workman added to the increased sense of
security which he will enjoy, should render industrial life more attractive and thus increase the
available supply of labour. At the same time, a corresponding increase in the efficiency of the
average workman may be expected. A system of insurance would prevent time burden from
pressing too heavily on any particular employer. An Act is to provide for the payment by certain
classes of employers to their workmen of compensation for injury by accident, whereas it is
expedient to provide for the payment by certain classes of employers to their workmen of
compensation for injury by accident.

It is well-settled that the Act is a piece of social security and welfare legislation. Its dominant
purpose is to protect the workman and, therefore, the provisions of the Act should not be
interpreted too narrowly so as to debar the workman from compensation which the Parliament

2 Section 16(3), The Workmen's Compensation Occupational Diseases (Punjab) Rules, 1964.
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thought they ought to have. The intention of the Legislature was to make the employer an insurer
of the workman responsible against the loss caused by the injuries or death, which ought to have
3
happened, while the workman was engaged in his work

Workers compensation is the insurance coverage given by an employer to its employees. The
benefits offered by a workers protection policy would depend on the type of policy chosen by the
employer. The most common kind of benefit offered by workers compensation in India is
medical benefits. Medical benefits are given for treating any medical problems that are
associated with the job. These benefits extend for treating work-related accidents and illnesses,
and insurance may be given by either the insurance company or the employer itself. Medical
costs covered would include physical reinstatement, hospitalization, oral care, lab services, etc.
Other benefits that may be added include temporary and permanent disability benefits and death
benefits. A proper workers compensation policy is a huge benefit, even if you have only a small
business. If you would like to find out more about small business workers compensation India
and the laws that govern it, then read on.

Commissioner under Workmen Compensation Act, 1923

The Act provides for appointment of Officers to be known as Commissioners of Workmen's

Compensation. The Commissioners are to determine the liability of any person to pay
compensation (including the question whether a person is or is not a workman) and the amount
or duration of compensation (including any question as to the nature or extent of disablement).
No civil court bas jurisdiction to deal with matters which are required to be dealt with by a
Commissioner. Certain powers have been given to the Commissioners, e.g., the power to call for
further deposits. The Commissioner has the powers of a Civil Court.

3Sunita Devi v. Autar Singh, (2004) 104 FJK 1007 (Jhar).

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 Definition and Appointment of Commissioner
Definition
According to S. 2(b) of the Employee’s Compensation Act, 1923, a “Commissioner” means a
Commissioner for Employee’s Compensation under S. 20 of the Statute. Hence, the person
whose appointment is in accordance with S. 20 of Employees Compensation Act, 1923 is a
commissioner.

There is a difference of opinion amongst the High Courts whether Commissioner is a Civil Court
or not. According to Patna High Court Commissioner is a Civil Court subordinate to the High
4 5
Court. But According to the latest decision of Madhya Pradesh High Court, a Three-Judge
Bench comprising of Hon’ble Mr. Chief Justice G. Singh, Hon’ble Mr. Justice R.Tankha, and
Hon’ble Mr. Justice J. Verma, it was held that Commissioner was not a Civil Court, but a
Tribunal. G. Singh, C.J. in his judgment went on to state the following:

“Using the word "Court" used in a generic sense, will include a tribunal.
Indeed, the features of a Court and a tribunal are very much similar. Both are
vested with the judicial powers of the State. Both are empowered to give binding
decisions. The procedure is also similar except this that the procedure of a
Court is regularly prescribed, whereas the procedure of a tribunal may not be
that strictly prescribed; but the approach adopted by a tribunal is the same as
adopted by a Court. The main distinction between a Court and a tribunal is that
a Court is a tribunal constituted by the State as a part of the ordinary hierarchy
of Courts. A tribunal, on the other hand, is constituted [Under a special Act to
exercise some special jurisdiction.”

4 Dirji v. Goalin, AIR 1942, Pat. 33.

5 Yeshwant Rao vs.. Sampat, AIR 1979 MP 21
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The Commissioner for Workmen’s Compensation is outside the ordinary hierarchy of Courts,
and is, therefore, not a Court. However, the proceeding before him u/s. 8 apportioning the
compensation amount in deposit before him among the dependants of the deceased workman to
the extent it involves determination of the question, as to whether a person is a dependant or not,
is judicial in nature. The commissioner not being a Court, his decision involving a judicial
6
element, is quasi-judicial act and the proceeding is a quasi-judicial proceeding.

Appointment of Commissioner (S. 20)7

The Act provides for appointment of Officers to be known as Commissioners of Workmen's
Compensation. The Commissioners are to determine the liability of any person to pay
compensation (including the question whether a person is or is not a workman) and the amount
or duration of compensation (including any question as to the nature or extent of disablement).
No civil court bas jurisdiction to deal with matters which are required to be dealt with by a
Commissioner. Certain powers have been given to the Commissioners, e.g., the power to call for
further deposits. The Commissioner has the powers of a Civil Court.

The state government may, by notification in the Official Gazette, appoint any person who is or
has been a member of a State Judicial Service for a period of not less than five years or is or has
been not less than five years an advocate or a pleader or is or has been a Gazetted Officer for not
less than five years having educational qualifications and experience in personnel management,
human resource development and industrial relations to be a Commissioner for Employee’s
Compensation for such area as may be specified in the notification.

6 Kunchali Rudrani v. Baby (1979) I LLJ 306 (Ker, per Vadakkel J.

7 Appointment of Commissioners.-
(1) The State Government may, by notification in the Official Gazette, appoint any person to be a Commissioner for
Workmen' s Compensation for such 2 area as may be specified in the notification.
(2) Where more than one Commissioner has been appointed for any area, the State Government may, by general or
special order, regulate the distribution of business between them.
(3) Any Commissioner may, for the purpose of deciding any matter referred to him for decision under this Act,
choose one or more persons possessing special knowledge of any matter relevant to the matter under inquiry to
assist him in holding the inquiry.
(4) Every Commissioner shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of
1860 )

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In case more than one commissioner has been appointed for any area, the State Government may,
by general or special order, regulate the distribution of business between them.

Any commissioner may, for the purpose of deciding any matter referred to him for decision
under this Act, choose one or more persons possessing special knowledge of any relevant matter
8
under inquiry to assist him in holding the inquiry. In Ali Akbar vs. Java Bengal Lime, Calcutta,
the Hon’ble Supreme Court held that where the commissioner asked a medical expert to assist
him in the adjudication, the examination by the said expert took place in the presence of the
Commissioner, the opposite party and the applicant’s pleader, but the applicant did not raise any
objections as to the procedure, but actually acquiesced to it, it was held that applicant could not
raise any objection in appeal.

And also, every commissioner is to be deemed to be a public servant within the meaning of s. 21
9
of Indian Penal Code (45 of 1860).

8 AIR 1937 Cal 697.

9 S. 21, Indian Penal Code
“Public servant”.—The words “public servant” denote a person falling under any of the descriptions hereinafter
following; namely:—
(Second) —Every Commissioned Officer in the Military, Naval or Air Forces of India;
27 (Third) —Every Judge including any person empowered by law to discharge, whether by himself or as a
member of any body of persons, any adjudicatory functions;
(Fourth) — Every officer of a Court of Justice (including a liquidator, receiver or commissioner) whose duty it is, as
such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or
to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to
interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform
any of such duties;
(Fifth) — Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant;
(Sixth) — Every arbitrator or other person to whom any cause or matter has been referred for decision or report by
any Court of Justice, or by any other competent public authority;
(Seventh) —Every person who holds any office by virtue of which he is empowered to place or keep any person in
confinement;
(Eighth) — Every officer of the Government whose duty it is, as such officer, to prevent offences, to give
information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; (Ninth)
— Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the
Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue
process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to
make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the
infraction of any law for the protection of the pecuniary interests of the Government;
(Tenth) — Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any
survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to
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 Powers and Functions of Commissoner
Reference To Commissioners- (S. 19)

According to this section, any Commissioner of an area concerned shall have the power
to decide and settle all questions as to the liability of any person to pay compensation.
In default of an agreement between the parties to arrive at a conclusion in respect of any
claim to compensation, the Commissioner has jurisdiction to decide inter alia.-
(i) The question as to whether a person injured is an employee.
(ii) The liability of any person to pay compensation.
(iii) The amount and duration of compensation.
(iv) The nature or extent of disablement.

Section 19 provides for settlement by the Commissioner of any question regarding liability of
any person to pay compensation or the amount or duration or compensation, in default of any
agreement.

Commissioner acting under the Employees’ Compensation Act, 1923, constitutes an

independent tribunal. and in judging and deciding the matters before him, he has to proceed
judiciously and not arbitrarily.

make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or
district;
31 (Eleventh) —Every person who holds any office in virtue of which he is empowered to prepare, publish,
maintain or revise an electoral roll or to conduct an election or part of an election;
32 (Twelfth) —Every person—
(a) in the service or pay of the Government or remunerated by fees or commission for the performance of any public
duty by the Government;
(b) in the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act
or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956)
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 Sub-section (2) of the main section says that no civil court shall have jurisdiction to settle,
decide or, deal with any question which is or by the Act required to be settled, dealt with or
decided by a Commissioner or to enforce any liability incurred under the Act.

The Commissioner is not a court within the meaning of Section 115 of the Code of Civil
10
Procedure. The order passed by him under Section 19, is not revisable by the High Court.

Powers and Procedure of Commissioners (S. 23)

The Commissioner shall have all the powers of a Civil Court under the Code of Civil Procedure,
1908 (5 of 1908), for the purpose of taking evidence on oath (which such Commissioner is
hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the
production of documents and material objects, and the Commissioner shall be deemed to be a
Civil Court for all the purposes of section 195 and of Chapter XXVI of the Code of Criminal
11
Procedure, 1973 (2 of 1974).

10 Y.R. Sharmaji v. S. Tukaram, 1978 MPLJ.

11 S. 195 Code of Criminal Procedure, 1973 Prosecution for contempt of lawful authority of public
servants, for offences against public justice and for offences relating to documents given in evidence.
(1) No Court shall take cognizance-
(a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860 ),
or
(ii) of any abetment of, or attempt to commit, such offence, or
(iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant
concerned or of some other public servant to whom he is administratively subordinate;
(b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860 ), namely,
sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to
have been committed in, or in relation to, any proceeding in any Court, or
(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said
Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence
in a proceeding in any Court, or
(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-
clause (i) or sub- clause (ii), except on the complaint in writing of that Court, or of some other Court to which that
Court is subordinate.
(2) Where a complaint has been made by a public servant under clause (a) of sub- section (1) any authority to which
he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the
Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint: Provided that no
such withdrawal shall be ordered if the trial in the Court of first instance has been concluded.
(3) In clause (b) of sub- section (1), the term" Court" means a Civil, Revenue or Criminal Court, and includes a
tribunal constituted by or under a Central, Provincial or State Act if declared by that Act to be a Court for the
purposes of this section.
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 12
In Surendra Kumar Sharma v. State of U.P. and Another , it was held that a Commissioner for
Employee’s Compensation should be person having legal background. In support of this order,
various reasons were given, of which, some are :-

 In view of Article 50 of Indian Constitution, persons trained in having knowledge of

relevant rules would inspire confidence in the public;
 Under S. 23 of the Employee’s Compensation Act, the Commissioner has the power of a
Civil Court and was deemed to be such for the purposes of S. 195 of the Code of
Criminal Procedure, 1973.

Form of Application

No application for settlement of any matter by a Commissioner shall be made, if the parties have
been able to settle it by agreement. An application to the Commissioner shall be made in the
prescribed form according to the rules, and accompanied by a prescribed fee. The following
particulars must be given namely-

(a) concise statement of the circumstances and the relief claimed;

(b) in case of claim for compensation against an employer, the date of service of notice of
accident, with its due time of notice and the reason why notice was not given;

(c) the names and addresses of the parties; and

(d) except in case of application by dependent for compensation a concise statement of the
matter on which, agreement has and of those on which agreement has not been come to.

If the applicant is illiterate or for any reason is unable to furnish the required information, the
application, if the applicant so desires, shall be prepared under the direction of the
Commissioner.

(4) For the purposes of clause (b) of sub- section (1), a Court shall be deemed to be subordinate to the Court to
which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a Civil
Court from whose decrees no appeal ordinarily lies, to the principal Court having ordinary original civil jurisdiction
within whose local jurisdiction such Civil Court in situate: Provided that-
(a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which
such Court shall be deemed to be subordinate;
(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the
Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is
alleged to have been committed.
12

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Power to require from employers statements regarding fatal accidents (s. 22A)
13

Where a Commissioner receives information from any source that a workman has died as a result
of an accident arising out of and in the course of his employment, he may send by registered post
a notice to the workman‘s employer requiring him to submit, within thirty days of the service of
the notice, a statement, in the prescribed form, giving the circumstances attending the death of
the workman, and indicating whether, in the opinion of the employer, he is or is not liable to
deposit compensation on account of the death.

If the employer is of opinion that he is liable to deposit compensation, he shall make the deposit
within thirty days of the service of the notice. If the employer is of opinion that he is not liable to
deposit compensation, he shall in his statement indicate the grounds on which he disclaims
liability. Where the employer has so disclaimed liability, the Commissioner, after such inquiry as
he may think fit, may inform any of the dependants of the deceased workman that it is open to
the dependants to prefer a claim for compensation, and may give them such other further
information as he may think fit.

Reports of fatal accidents and serious bodily injuries

Where, by any law for the time being in force, notice is required to be given to any authority, by
or on behalf of an employer, of any accident occurring on his premises which results in death or
serious bodily injury, the person required to give the notice shall, within seven days of the death

13 S. 22 A Workmen’s Compensation Act, 1923 : Power of Commissioner to require further deposit in

cases of fatal accident.-
(1) Where any sum has been deposited by an employer as compensation payable in respect of a workman whose
injury has resulted in death, and in the opinion of the Commissioner such sum is insufficient, the Commissioner
may, by notice in writing stating his reasons, call upon the employer to show cause why he should not make a
further deposit within such time as may be stated in the notice.
(2) If the employer fails to show cause to the satisfaction of the Commissioner, the Commissioner may make an
award determining the total amount payable, and requiring the employer to deposit the deficiency.]

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or serious bodily injury, send a report to the Commissioner giving the circumstances attending
the death or serious bodily injury, Provided that where the State Government has so prescribed
the person required to give the notice may instead of sending such report to the Commissioner
send it to the authority to whom he is required to give the notice.

Award of compensation by Workmen’s Compensation Commissioner

It is within the competence of the Workmen‘s Compensation Commissioner and he is also bound
to award compensation as prescribed under Schedule 4 read with sec. 4 (1) (a) of the Act even if
heirs of deceased workman claim less compensation than prescribed under the Act and the
14
Schedule.

Principle of Waive or Acquiescence

Even if the claimant has made a claim of lesser amount than due, his right to claim or the power
of the Commissioner to enhance the compensation is neither waived nor curtailed since the
15
principle of waive or acquiescence has no application to such type of cases.

Refusal by Commissioner to Record Memorandum of Agreement

Where it appears to the Commissioner that an agreement as to the payment of lump sum whether
by way of redemption of a half-monthly payment or otherwise, or an agreement as to the amount
of compensation to a workman or a person under a legal disability ought not to be registered
because of inadequacy of the sum or amount or by reason of the agreement having been obtained
by fraud or undue influence or other improper means, the Commissioner may refuse to record the
memorandum of the agreement. He may pass such order including an order as to any sum
16
already paid under the agreement, as he thinks just in the circumstances

Method of Recording Evidence

The Commissioner shall make a brief memorandum of the substance of the evidence of every
witness as the examination of the witness proceeds, and such memorandum shall be written and
signed by the Commissioner with his own hand and shall form part of the record:

14 Mostt. Chhatiya Devi Gowalin v. Rup Lal Sao, 1978 Lab 1C 1368: 1978 BLR 502; 1978 ACJ 481; 1978 BJR
622.
15 Balavandra Patra v. Chief Engineer Orissa, 1987 (I) LLN 634; Mohd. Koya v. Balan, 1987 (I) LLN 353.
16 Amarshi jeram v. M/s. Hazarat and Co., AIR 1962 Guj 262: 1962 II LL] 187.
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Provided that, if the Commissioner is prevented from making such memorandum, he shall
record the reason of his inability to do so and shall cause such memorandum to be made in
writing from his dictation and shall sign the same, and such memorandum shall form part of the
record, Provided further that the evidence of any medical witness shall be taken down as nearly
as may be word for word.

Costs
All costs, incidental to any proceedings before a Commissioner shall, subject to rules made under
this Act, be in the discretion of the Commissioner.

Power to submit cases

A Commissioner may, if he thinks fit, submit any question of law for the decision of the High
Court and, if he does so, shall decide the question in conformity with such decision.

Registration of agreements

Where the amount of any lump sum payable as compensation has been settled by agreement
whether by way of redemption of a half-monthly payment or otherwise, or where any
compensation has been so settled as being payable to a woman, or a person under a legal
disability, a memorandum thereof shall be sent by the employer to the Commissioner, who shall,
on being satisfied as to its genuineness, record the memorandum in a register in the prescribed
manner.

Appeal

An appeal against the order of the Commissioner under Workmen's Compensation Act lies only
17
when a substantial question of law is involved. An appeal against the order of the
Commissioner under the Act will lie within 60 days from the date of order and not from the date

17 Infra note 19.

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 18
of its communication. Delay in filing appeal against the order of Workmen's Compensation
19
Commissioner can be condoned if there is sufficient cause for not preferring a claim in time.
As per Section 30 of the Workmen’s Compensation Act, 1923, both employers and employees
can go in appeal to the High Court against the decisions of the Commissioner for Workmen’s
Compensation in regard to the following:

1. An order awarding compensation,

2. An order awarding interest or penalty under Section 4(a),

3. An order refusing to allow redemption of a half-monthly payment,

4. An order providing for the distribution of compensation among the dependents,

5. An order allowing or disallowing any claim for the amount of indemnity under Section 12(2)
or

6. An order in regard to the registration of agreement, Such appeal should be filed within 60 days
of the order

A question whether an injury has occurred to a workman during the course of employment and
arisen out of employment is a substantial question of law for filing an appeal against the Award
20
of the Compensation Commissioner. Only appeal not writ petition lies when employer
21
challenges the order of Compensation Commissioner.

Recovery
Section 31 clearly contemplates that the Commissioner shall himself recove arrears and for that
purpose he is to be deemed a public officer within the meaning of S. 5 of the Revenue Recovery
22
Act, 1890. The Commissioner has power to recover any amount payable by any person under

18 Kap Steel Ltd. v. R. Sasikala, 1990 LIC 1144, (1989) Kant 3098, 1991 LLR 31
19 Trustee of Port of Bonbay v. Premier Association, AIR 1974 SC 923.
20 Oriental Insurance Company Ltd. Banga/ore v. Vasantha Pitamber Hundre, (1999) ill LLJ (Supp) 442:
1997 LIC 2561.
21 National Insurance Company Ltd. v. Krishna Sapa/ya, (2002) 1 Kant L] 269: (2002) 1 LLR 587: 2002 LLR
127.
22 Century flour mills Shikarpur v. Amir Buksh AIR 1937 Sind 6.
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this act whether under an agreement for payment of compensation or otherwise . He can himself
start the proceedings for recovery of any sum without being moved by a party who has not been
23
deposited. It is not obligatory upon the commissioner to recover any arrears under this Act
through the Collector. But if he makes a request, the Collector shall proceed under the provisions
of the Public Demands Recovery Act.

23 State of Madras v. B.G.P. Lorry Service AIR 1960 Mad 336.

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 Analysis & Conclusion
The commissioner has adjudicatory powers, and is set up by the appropriate Government for
deciding cases related to grievances of injury, and thus has the powers to award valid
compensations, while working in consonance with the Schedule of the Act. Furthermore, the
rights of appeal are very restricted, and apart from the aforementioned enlistment of scenarios,
the High Court may reject the appeal. Thus it can be said that the order of Commissioner is quite
concrete in nature.
Upon researching about the powers conferred to the Commissioner appointed under Workmen’s
Compensation Act, 1923, it can be safely stated that the powers embodied in this position is puite
complex in itself. The Commissioner has powers equivalent of that of a Civil Court, but it is a
tribunal. The Commissioner has similar powers to call for admission of evidence, but the same is
not obligatory upon the commissioner unless the same is medical in nature.

Hence, it can be safely said that the Commissioner’s position is quasi-judicial in nature, and thus,
coming to the hypothesis presumed by the researcher, which was that the Commissioner is
similar to a Civil Court, and that it is subordinate to the High Court, the hypothesis stands
disapproved.

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 Bibliography
Books referred to:
th
1. Labour and Industrial Laws, 28 Edition, S.N. Mishra, Central Law Publication.
th
2. Textbook on Labour & Industrial Law, 5 Edition, Dr. H.K. Saharay, Universal
Publication.
rd
3. Labour and Industrial Laws, 3 Edition, P.K.Padhi, PHI learning Pvt. Ltd.
nd
4. Industrial Jurisprudence: A Critical Commentary, 2 Edition, Dr. E.M. Rao, Lexis Nexis.

Websites Referred to:

1. Shodhganga.inflibnet.ac.in
2. www.manupatrafast.com
3. www.lexisnexis.com
4. www.indiankanoon.org

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