NIZAM KHAN Vs. COMMISSIONER FOR WORKMENS COMPENSATION WARANGAL

JUDGEMENT

(1.) This revision petition under Section 115 Civil Procedure Code is directed against the order of the Commissioner under the Workmen's Compensation Act, whereby he refused to set aside an exparte order dated 6-12-1977.

(2.) The revision petition was admitted subject to maintainability. The respondent has raised an initial objection that the revision petition is not maintainable under Section 115 of the Code of Civil Procedure, inasmuch as the Commissioner under the Workmen's Compensation Act is not a Civil, Court subordinate to the High Court. It was, on the other hand, contended that the Commissioner appointed under the Act has the powers of a Civil Court and that certain appeals are provided against the orders of the Commissioner to the High Court and therefore the Commissioner acts as a Civil Court subordinate to the High Court and thus the revision is petition maintainable.

(3.) It is necessary to refer to certain provisions of the Code of the Civil Procedure as well as the Workmen's Compensation Act in ordtr to appreciate these contentions.