PRAKASH ROADLINES LTD Vs. PREMA

JUDGEMENT

(1.) THESE revision applications under section 115 of the Civil Procedure code have been filed challenging the order dated 26. 10. 1998 passed by the Labour officer and Commissioner for Workmen's compensation, Sub-Division II, Bangalore.

(2.) THE Workmen's Compensation Act confers a right to move for compensation and provides for proceeding thereunder and then provides for right of appeal under section 30 on terms and conditions prescribed therein. Revision under section 115 of the Civil Procedure Code lies from the judgment and order of subordinate civil courts means subordinate civil courts as created under the Civil Courts Act or at the most it can be said it may lie against the orders of the Tribunals which are specifically provided under the Act to be deemed to be civil court for the purpose of section 115. Workmen's Compensation Commissioner and Labour Officer may be said to be quasi-judicial authority when dealing with the cases of compensation. But, they do not stand in the position of regular civil courts. No provision has been brought to my notice which may be said to provide that the Workmen's Compensation Commissioner is to be deemed to be a civil court. I may mention section 19 of the Workmen's Compensation Act, 1923, Section 19 of the Workmen's Compensation Act, 1923 reads as under:

(3.) THUS considered, the court of Workmen's Compensation Commissioner not being a civil court, revision under section 115 is misconceived and it is not maintainable. The revision, as such, is hereby dismissed. Revision dismissed.