Commissioners | Labour and Industrial Law - CLAT PG PDF Download

Section 19: Reference to Commissioner

• The question arises about the liability of any person under the act, who will pay the compensation. A question arises about the person who is injured or not or how much amount is to be given or the duration of the compensation. 
• Also about the extent of the disability the person who is suffering and will get compensation. All such issues are to be resolved by the commissioner.

Appointment of Commissioner Section 20

Commissioner means a commissioner for employee compensation appointed under Section 20. The state government or the central government may appoint any person to be commissioner for workmen's or employees' compensation act in some specified areas. Every commissioner is identified as a public servant in the Indian Penal Code.

• If the state government appoints more than one commissioner for any area, a specific order may regulate the business.
• Any commissioner may choose a person or more persons who possess knowledge and assist him in holding the inquiry.

Venue of proceedings and transfer Section 21:

• The accident happened that resulted in the injury.
• If the employee dies and if the dependent claims compensation it will reside.
• Employer's office is registered.

No matter should be processed before a commissioner other than the commissioner who has jurisdiction in the area where the accident happened. It shall not happen without giving notice in the manner prescribed. If the employee is the mater of the ship or seaman or a captain or crew member of the aircraft or employee in a motor vehicle, meets with an accident outside India, then such matter shall be done by the commissioner.

Form of Application Section 22

The power of commissioner is required to further deposit in the cases which talks about fatal accidents- Section 22-A

• When any amount is deposited by an employer as compensation payable in respect of an employee whose injuries resulted in his death, and the commissioner thinks that amount or sum was not sufficient, he may state a notice in writing giving reasons, he may call upon the employer to show why he could not make a further deposit within such time as stated in the notice. 
• If the employer fails to satisfy the Commissioner, the Commissioner may make an award determining the total amount to be paid, and requires the employer to deposit the deficient amount.

Powers and Procedure of Commissioners Section 23:

• He has the power to award compensation more than what is claimed by the employee if the facts warrant the award. 
• A case dealing with the commissioner was Karnataka State Road Transport Corporation v. B. T. Somashekaraiah, 1994

Appearance of Parties Section 24:

• A person may appear or become a witness for the purpose of examination, an application or act is required to be made by a person to a commission. 
• It may be done on behalf of a legal practitioner or an official of the insurance company or registered trade union or an inspector appointed under Section 8 of the Factories Act, 1948, or any other officer which is specified by the state government with the permission of the commissioner or a person who is authorised to do so.

Method of Recording Evidence Section 25:

• The commissioner makes a brief written message(memorandum) of the evidence of every witness as the examination process proceeds. The memorandum should be in written form and duly signed by the commissioner. 
• The form so signed by the commissioner must be in his own handwriting and it will be a part of the record.

Time limit for disposal of cases relating to compensation Section 25A:

• The Commissioner can dispose of the matter relating to compensation under this Act within a period of three months from the date of reference and intimate the decision in respect thereof within the said period to the employee.

Cost Section 26:

• 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 Section 27:

• A commissioner can submit a Question related to law so that the High Court can decide the compliance with the standards or rules if the High Court wants to do so.

Registration of agreements Section 28:

• A memorandum should be sent by the employer to the commissioner when a lump sum amount is payable as compensation due by the agreement either half monthly payment or payment being payable to a woman or a person with a legal disability. 
• The memorandum must be genuine and should be registered in the prescribed manner. However, a memorandum cannot be recorded before seven days after the communication has taken place between the commissioner and the concerned parties.

Effect of failure to register agreement Section 29:

• The employer will be liable to pay the full amount of compensation if the registration of the agreement of memorandum is not sent to the commissioner as required under the section.
• The employer will pay the compensation as he is liable to pay under the provisions of the Act (Section 4) Until the commissioner directs to deduct more than half of the amount to be paid to the employee as compensation.

Appeals Section 30

• A lump sum amount as compensation is awarded as an order, and redemption of half the monthly payment is away.
• An order may refuse to allow gain of a half monthly compensation.
• Distribution of compensation by order among the family members of the deceased, or disallowing of any claim of a person.

Substantial Question of Law

• If there is difficulty in applying the facts to the law it will not amount to a substantial question of law. Reference case- Asmath Bedi(dead) v. Marimuthu. The period of limitation under section 30 is sixty days if a person makes an appeal. 
• An appeal lies against the order of commissioner who will compensate only when a substantial question of law. The scope in section 30 of the Act for appealing against the order that is passed by the commissioner is very limited. An appeal shall not lie against any order unless a substantial question of law.

Can courts intervene on question of fact?

• Yes, the courts can intervene on the question of fact. This was done in the case of Mangala Ben vs Dilip Motwani It was first held that there is no substantial question of law. 
• In the opinion of the Court, the finding of the Commissioner does not prove that the deceased was in the employment of the owner. The learned Commissioner further held that the claimant did not produce any evidence to prove that the deceased was employed for the purposes Dilip Motwani's trade or business. 
• He observed that in the absence of such evidence, the deceased cannot be held to be an employee. In the opinion of the court, the Commissioner committed error of law in holding that the burden lay on the claimant to prove that the deceased was employed for the purposes of the respondent's trade or business. 
• The appellate court has no jurisdiction to entertain an appeal unless the same involves a substantial question of law, Nisan Springs (Pvt) Ltd v. 0m Jain, 1990.

Effect of Death of Claimant

• If an employee's injury leads to their death, the employer is required to provide additional compensation, beyond what is deposited with the commissioner.
• The eldest surviving dependent of the deceased employee will receive a minimum sum of five thousand rupees.
• An employer cannot appeal under certain conditions unless they include a certificate from the Commissioner, confirming the deposit of the contested amount.

Review, Revision, Remand, and Writ

• If an employee disagrees with the court's compensation decision, they can request a review. This can only happen after the court has issued a decree or order.
• In cases where the court's decision contains an error, the employee can appeal for revision, which is exclusively handled by the High Court.
• Employees have the right to file a writ if they believe they have been wrongly remanded, meaning placed in the court's custody.

Appeal Not Accompanied with Certificate by the Commissioner under Proviso (3)

• If an employer's appeal is not supported by a certificate from the commissioner, confirming the deposit of the payable amount, the appeal cannot proceed.
• The time limit for such appeals is sixty days.

Condonation of Delay

• Condonation of delay refers to the acceptance of a delay in filing an appeal by an employee.
• An appeal is filed when an employee is dissatisfied with the court's decision and seeks to challenge it.
• If an employee faces a delay in filing the appeal, it may be forgiven or condoned.

Withholding of Certain Payments Pending Decisions of Appeal Section 30-A

• The commissioner has the authority to withhold payments of any amount deposited with him when an employer files an appeal under section 30, as directed by the High Court.

Recovery Section 31

• The commissioner is empowered to recover any amount owed by an individual as arrears of land revenue.
• If there is an agreement for compensation payment under section 5 of the Revenue Act, 1890, the commissioner will be considered a public officer.

Power of the State Government to Make Rules Section 32

• The state government can formulate rules and regulations for the purpose of this act.
• These rules cover various matters, including:
• The state government sets specific intervals for applications made under Section 6 when not accompanied by a medical certificate from a qualified practitioner.
• The state government prescribes intervals for employees to undergo medical examinations as per Section 11.
• A procedure for commissioners to follow during the disposal of cases under the act is prescribed by the state government.
• The state government regulates the transfer of cases and money between commissioners.

Publication of Rules Section 34

• The authority to create rules under Section 32 is subject to the conditions of prior publication.
• Rules published in the Official Gazette will have a binding effect on the Act.

Rules to Give Effect to Arrangements with Other Countries for the Transfer of Money Paid as Compensation Section 35

• The Central Government can establish rules for transferring money to foreign countries as compensation, through a notification.
• Individuals residing or about to reside in a foreign country may receive money deposited under the law relating to employees.
• Transfer of amounts related to fatal accidents requires the employer's consent and is overseen by the commissioner.

Rules Made by the Central Government to Be Laid Before Parliament Section 36

• Every rule made by the Central Government under the act is presented before each house of Parliament for 30 days while in session.
• This can occur in one or two sessions before the session concludes.
• Parliament may modify the rule or decide against its enactment.