NOORJAHAN Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The above review CMP is filed under Order 47, Rule 1 and Section 104 CPC to review the judgment of Hon'ble Shri Justice B.K. Somasekhara (as he then was) on the ground that the amendment made to Section 21 of the Workmen's Compensation Act, 1923 was not brought to the notice of the learned Judge, in particular, sub-clause (b) of sub-section (1) of Section 21 of the Act. The earlier subsection runs as follows :

(2.) I have perused the judgment of His Lordship B.K. Somasekhara, J., (as he then was). The learned judge after extracting Section 21(2) observed that the Commissioner has no jurisdiction to deal with the claim proceedings before him since the accident took place at Indapur, Maharashtra State. In such a situation the learned Judge held that the Commissioner has no jurisdiction to try the matter and the award passed by him is without jurisdiction and the same cannot be validly enforced. The matter was remitted back to the Commissioner for passing appropriate order under Section 21(2) of the WC Act. It is against this judgment, the Counsel for the petitioner Mr. K. Narasimha Chari filed the present review petition.

(3.) Shri Chari contends that when the proceeding is pending before this Court and as on the date on which the order was made i.e., 29-11-1996, the amendment to Section 21 was already inforce but the same was not brought to the notice of the learned Judge while disposing of the above CMA, which is an error apparent on the face of the record. Mr. Chari mainly contended that the beneficial legislation should be interpreted in favour of the employees particularly when the proceeding is pending before this Court by way of an appeal (CMA 329/1991) and the amendment was in operation as on the day on which the judgment was pronounced. Secondly, he argued that no prejudice is being caused to the Insurance Company. It is only a procedural aspect and when once the Insurance Company has participated in the proceedings it amounts to waiver even in respect of territorial jurisdiction. To substantiate his contentions he relied upon the decision of the Apex Court in Dhannalal v. D.P. Vijayvargiya, AIR 1996 SC 2155, wherein the Supreme Court was considering the effect of Amending Act 53 of 1994 which came into force with effect from 14-11-1994, the effect of which is that there is no limitation to file claim before Claims Tribunal in respect of any accident. The relevant passage is para 7 which is as follows: