STATE OF U P Vs. DEPUTY LABOUR COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed on behalf of State of Uttar Pradesh through Secretary, Department of Home Affairs and two others aggrieved by the order dated 23rd February, 2006 passed by Deputy Labour Commissioner (Prescribed Authority) Azamgarh in the capacity as Workmen Compensation Commissioner (hereinafter referred to as "Commissioner") deciding the preliminary objection regarding maintainability of Workmen Compensation Case before. The Petitioners contended that "Fire Department" and its employees are not within the purview of Workman Compensation Act, 1923 (hereinafter referred to as "1923 Act" and the Fireman of U.P. Government Fire Department is not a "Workman". The commissioner has decided the two issues against Petitioners.

(2.) The Commissioner has held that employees of Fire Department are not members of Police Force in view of the definition of "workman" under Section 2(n)(ii) read with entry (xi) Schedule 2 of 1923 Act and a person employed in the service of Fire Brigade would be a "workman" and therefore it has jurisdiction to proceed with the matter.

(3.) Learned Standing Counsel vehemently contended that the members of U.P. Fire Department are governed by the provisions of United Provinces Fire Service Act, 1944 (hereinafter referred to as "1944 Act") read with the rules framed there under and hence the provisions of 1923 Act would not cover them. The Commissioner has held otherwise holding the application filed by Respondent No. 2 maintainable and has directed to proceed with the matter after impleading the State of U.P. also as one of the Respondent.