S T BHINGARDIVE Vs. PUNAMCHAND KANHYALAL AGARWAL

JUDGEMENT

(1.) RULE. Rule made returnable forthwith.

(2.) THIS petition arises out of the following set of circumstances :--The respondent Nos. 2 to 5 filed Workmens Compensation Case No. 59/94 against the respondent No. 1 claiming compensation under the provisions of Workmens Compensation Act. The petitioner who is a practising Advocate, was representing the claimants before the Commissioner for Workmens Compensation. It appears that the petitioner filed a compromise-cum-settlement before the Commissioner of Workmens Compensation, on behalf of the claimants, but the learned Commissioner found that compromise was not permissible as the offer was below the permissible limit. The case, therefore, proceeded on merit and while disposing of the case, the learned Commissioner made following observations against the petitioner :---

(3.) THE petitioner submits that the remarks which are passed, as stated hereinabove, are totally uncalled for and the same may be expunged. On behalf of the petitioner Shri R. J. Godbole, the learned Counsel, urged that it is a cardinal principle that a Judge should take special care in making disparaging remark against a person or authority whose conduct comes in for consideration before him in any case to be decided by him and should not make any uncalled for remarks which would be against the judicial discipline. It is submitted that if the relief sought for can be given to the applicant without dubbing the conduct of the person concerned to be mala fide then the Court should refrain from coming to any conclusion on mere assertions in as much as the allegations of mala fides have to be specifically made and would have to be established by the person who seeks relief on that ground. In the present case, there was no grievance from any of the claimants that the initial settlement was without the consent of the claimants. Quite apart if the amount which can be settled was inadequate it was open for the learned Commissioner to disagree and reject it without making uncalled for remarks.