P.S. METAL WORKS Vs. REZWAN ALI

JUDGEMENT

(1.) INVOKING the extra -ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issue of a writ of certiorari for quashment of order dt. 8.6.2000 passed in 9/97/WC/NF by the Commissioner for Workmen Compensation, Shazanabad, Bhopal.

(2.) THE facts as have been unfolded are that the respondent No. 1 claiming himself to be an employee of the petitioner establishment filed an application under the provisions of Workmen Compensation Act, 1923 (hereinafter referred to as the 'Act') contending, inter alia, that he is employed by the petitioner as Welder on monthly wages of Rs. 3000/ - and while he was discharging his duties on 24.8.95 in the evening an accident took place by which he sustained serious injuries. He claimed an amount of Rs. 6,03,200/ - towards compensation from the petitioner. While the main case was pending before the Commissioner for Compensation, the respondent No. 2 herein, an application was moved on 6.10.98 claiming a sum of Rs. 1,50,000/ - as an interim award. The Commissioner took the application for consideration and analysing the facts and circumstances of the case directed payment of Rs. 50,000/ - as compensation by way of an interim measure to respondent No. 1. The said order is the cause of grievance of the present petitioner.

(3.) TO appreciate the solitary contention of Mr. Menon, I have perused the impugned order. The Commissioner has passed an interim award which is clearly perceptible from the order passed vide Annex. P -2. Section 3 of the Act deals with employers' liability for compensation. Section 4 of the Act provides for amount of compensation. Section 23 deals with powers and procedure of Commissioner. The Rules have been framed under section 32 of the Act and the M.P. Government has adopted the Workmen Compensation Rules, 1924 (hereinafter referred to as 'the Rules'). Part V of the Rules deals with the procedure. Rule 20 provides for filing of an application. Rule 21 deals with production of documents. Rule 23 deals with examination of applicant. Rules 24 provides the situation where the application can be dismissed in a summary manner. Rule 25 stipulates preliminary enquiry into the application. Rule 28 provides for framing of issues and Rule 32 deals with Judgment.