S GIRIJA Vs. KANARA TRANSPORT CO

JUDGEMENT

(1.) THE present revision petition has arisen from the order dated 31. 10. 1998 passed by the Commissioner for Workmen's Compensation, D. K. , Sub-Division, Mangalore on LA. No. Misc. /cr-1/98 in No. WCA/cr-2/92-F. As per office report this C. R. P. is misconceived as under section 115, Civil Procedure code, the revision lies from the order of the subordinate civil court. That section 3 of the Civil Procedure Code defines and provides what are the courts subordinate for the purpose of Civil Procedure Code and under the Code to High Court or district Court. The Commissioner, Workmen's Compensation does not come within the purview of the court for the purpose of Code of Civil Procedure as it is not mentioned therein. Secondly, Workmen's compensation Commissioner is not a court, i. e. , civil court, it is only a Tribunal under the Act. My this view finds support from section 23 of the Act itself. Section 23 of the Workmen's Compensation Act reads as under:

(2.) UNDER this section the Commissioner for Workmen's Compensation has been conferred with the powers of civil court specifically for limited purpose of taking evidence on oath and for enforcing the attendance of witnesses and compelling the production of documents and materials. Had the Workmen's Compensation Commissioner been a civil court under Civil procedure Code, there would have been no need to make such a provision as has been made under section 23 of the Act, because if it would have been a civil court, then by virtue of its being a civil court it could have exercised these powers. So this very clearly shows that the legislature intended the Workmen's Compensation commissioner not to be a civil court and, therefore, there was a special provision made in section 23 conferring such limited powers on Commissioners to take evidence on oath, etc. Further, sub-section (2) of section 23 provides by legal fiction, i. e. , deeming clause that the Workmen's Compensation Commissioner shall be deemed to be a civil court for the limited purpose, i. e. , of section 195 and Chapter XXXV of criminal Procedure Code.

(3.) BY application of legal fiction or deeming clause a state of affairs or a thing which required to be deemed is something which actual and real affairs of thing is not like that and as such it required to be taken and deemed to be by the legal fiction under deeming clause is to be taken as real only for the purpose for which it is required to be applied and to be deemed not beyond that purpose. Here legal fiction under deeming clause is limited in its application for the purpose indicated by user of expression "for the purpose of section 195 and Chapter XXXV of the criminal Procedure Code". That as such for any other purpose such as section 115, civil Procedure Code, Workmen's Compensation Commissioner cannot be deemed to be civil court. Thus considered in my opinion, the present revision under section 115 is misconceived and is not maintainable. No doubt, Workmen's Compensation commissioner is an authority subordinate to High Court and this court has got power of superintendence over courts, authorities and the Tribunals. The Workmen's Compensation Commissioner, which may be tribunal and in such case, if there is case on merits, no doubt applicant may have right to approach this court under Article 227.