SURENDRA KUMAR SHARMA Vs. SATE OF U P

JUDGEMENT

(1.) Learned Standing Counsel may file counter affidavit within three weeks. Issue notice to newly impleaded respondent No. 3 returnable at an early date.

(2.) Prima facie, we are of the opinion that the Commissioner for Workmen's Compensation should only be a person of a legal background like a lawyer or a retired Judge. Although Section 20 of the Workmen's Compensation Act, 1923 states that the State Government may by notification in the Official Gazette, appoint any person to be a Commissioner for Workmen's Compensation, we are of the opinion that after the Constitution has come into force in 1950, Section 20 of the Act must be read in light of Article 50 of the Constitution which directs that there shall be separation between the Executive and the Judiciary. Since that Workmen's Compensation Commissioner is to decide judicial disputes, we are of the opinion that the State Government can only appoint a person who has a legal background. This is so for two reasons: (1) such person will be trained in law and will be knowing the relevant rules and the development of the case law pertaining to the Workmen Compensation Act; (2) such a person will inspire confidence in the public because he will be independent whereas a person of an Executive background is likely to have a pro-executive bias which will colour his thinking.

(3.) In fact the purpose of enacting Article 50 in the Constitution was to have an independent judiciary which inspire confidence in the public and hence in our prima facie opinion a person who decides legal disputes must be an independent person with a legal back ground such as lawyer or retired Judges, and not a member of the Executive, otherwise Article 50 of the Constitution will be violated. It may be pointed out that under Section 23 of the Act the Commissioner has all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and compelling the production of documents and material objects and he is deemed to be a Civil Court for the purpose of Section 195 Cr. P.C. Section 24 of the Act states that parties can be represented by a legal practitioner or by an official of an Insurance Company or a registered Trade Union or by an Inspector. Section 25 prescribes the manner of recording evidence. Under Section 30 an appeal is prescribed to the High Court on question of law.