LexDEPUTY LABOUR COMMISSIONER, ORISSA BHUBANESWAR versus ABHIMANYU GOUDA AND ANR.
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J DEPUTY LABOUR COMMISSIONER, ORISSA BHUBANESWAR v. ABHIMANYU GOUDA AND ANR. NOVEMBER 4, 1997 [S.B. MAJMUDAR AND M. JAGANNADHA RAO,_JJ.] Labour Laws : A B Workmen's Compensation Act, 1923: Section 20 (1)-Notification dated C 2. 7.1965 conferring powers -Jurisdiction to entertain claims-Deputy Labour Commissioner, Orissa-Claim petition-Compensation awarded-On appeal, High Court held no jurisdiction to entertain claim petition-Review Petition dismissed- On appeal, Held, appellant has jurisdiction to entertain claims- Order of High Court set aside. D The husband of respondent No. 2 while working with respondent No. 1, met with an accident and died. Respondent no. 2 filed a claim petition before the appellant-Deputy Labour Commissioner-cum-Commissioner for workmen's compensation. The appellant awarded an amount of Rs. 8000 as compensation. On appeal, the High Court allowed the appeal and held that E appellant had no jurisdiction to entertain the claim petition. The appellant filed a review petition on the ground that a notification dated July 2, 1965 was already issued by the State Government conferring jurisdiction to entertain the claims under the Workmen's Compensation Act. The said review petition was dismissed. Hence, the present appeal. By an earlier order this Court had already directed tlie respondent to pay full amount of F compensation to the claimant. Allowing the appeal, this Court HELD: 1.1. The appellant-Deputy Labour Commissioner at the relevant time when the accident took place had jurisdiction to entertain the G claims petition. [53-B] 1.2. The order on review petition passed by the High Court cannot be sustained and has to be set aside. Before the High Court in the review proceeding it was submitted that there was already notification issued by the H 49 50 SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R. A State conferring jurisdiction on the appellant to entertain claims under the Workmen's Compensation Act, 1923 in connection with the accidents which might have occurred in any part of the State. At column (2) in the notification dated July 2, 1965 was listed the Deputy Commissioner, Orissa, Bhubaneswar, the appellant herein, and the area of his jurisdiction is shown to be the whole B of the State ofOrissa. Therefore, the appellant had jurisdiction to entertain the claims for workmen's compensation in connection with the accidents arising in any part of the State ofOrissa for which claims were to be lodged c under the Act against the employees. When such a notification was pressed in service, the High Court was not justified in not entertaining the review petition. 152-C-D; G-HI CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5455 of I 984. From the Judgment and Order dated 17.8.81 of the Orissa High Court in C. R. No. 2 of I 98 I. D Ms. Meena Chakraborty and Raj Kumar Mehta for the Appellant. The Judgment of the Court was delivered by S.B. MAJMUDAR, J. In this appeal by special leave the order of the High Court of Orissa at Cuttack dated August I 7, I 981 passed in Civil E Revision No. 2 of 1981 has been brought in challenge. F • The question involved is one of jurisdiction of the Deputy Labour Commissioner, Orissa to entertain claims for workmen's compensation in connection with the accident caused to the workmen in the course of and arising out of employment at Rourkela in Orissa State. The High Court in the impugned judgment has refused to review its earlier decision to the effect that it is only the Labour Commissioner at Rourkela who could have entertained the claim and not the Deputy Labour Commissioner, Orissa. A few relevant facts leading to this proceeding may be noted at the G outset. One Smt. Dukhi Jena, respondent No. 2 herein, who is shown to be the proforma respondent filed a claim petition before the Deputy Labour Commissioner-cum-Commissioner for Workmen's Compensation, Orissa, Bhubaneswar, claiming compensation from Respondent No. 1, Abhimanyu Gouda on the ground that her deceased husband was a Khalasi in a truck belonging to Abhimanyu Gouda. He met with a fatal accident on May 9, 1974 H in the vicinity of Rourke la town in the State of Orissa. The appellant is the DY. LABOUR COMMR. "· ABHIMANYU GOUDA [S.B. MAJMUDAR, J.l SJ authority before whom such claim was raised. The appellant after hearing the A parties exercised his jurisdiction as Commissioner for Workmen's Compensation and awarded an amount of Rs. 8, 0
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