NATIONAL INSURANCE COMPANY LTD Vs. COLAP PARIK

JUDGEMENT

(1.) NATIONAL Insurance Company Limited has filed this application highlighting certain difficulties as countered by parties appearing before various authorities under the Workmen's Compensation Act, 1923 (in short, the 'act' ). It is stated that in respect of identical cases under the Act, arrangement can be made to take up connected matters, otherwise possibility of diametrically opposite views being expressed cannot be ruled out. It is indicated that there is no system of maintaining a diary in the respective office of the authorities, and so cause lists arc placed in order to enable a party to know about the adjourned dates. There is no uniformity observed by the authorities in directing deposits out of awarded amounts, and uniform pattern of deposit would he in the interest of all concerned.

(2.) BY way of illustration, reference is made to a particular case, i. e. W. C. Case No. 522-D of 1993 which according to (he petitioner has links with some other cases, namely, W. C. Case No. 523-D to 525-D of 1993. While case of the petitioner is before one authority, others are before another authority. The prayer is to take up all the cases together by one authority.

(3.) MR. D. S. Das, learned Additional Government Advocate and the learned counsel appearing for the claimant before the authority under the Act addressed us on those aspects. Functionaries of Motor Vehicles Lawyers Associations also volunteered to assist when the matter was taken up for disposal. A notification of the Government of Orissa, Labour and Employment Department dated September 20, 1994 was produced before us. The same indicates local limits of jurisdiction of various authorities. The notification has been issued in exercise of powers conferred by Sub- Section (1) of Section 29 of the Act. Subsequently the Labour Commissioner has allocated the work amongst the Assistant Labour Commissioners posted in the Divisional Labour Office. Cuttack. Three different officers have been given jurisdiction for administration and enforcement of all labour laws in certain districts, to take up workmen's compensation cases tor certain districts and to function as authorities under the Minimum Wages Act, controlling authority under the Payment of Gratuity Act in respect of certain districts. From the arrangements it is seen that the Labour Commissioner, Orissa the Joint Labour Commissioner, the Additional Labour Commissioner attached to Labour Directorate, Bhubaneswar, and the Assistant Labour Commissioner attached to Labour Directorate, Bhubaneswar have jurisdiction over whole State of Orissa. It is accepted that prior to the office order dated September 20, 1994 passed by the Labour Commissioner, cases could be filed before any of the Assistant Labour Commissioners posted in the Divisional Labour Office, Cuttack. ft is accepted that the likelihood of conflicting views being expressed in cases involving identical point cannot be ruled out. It is fairly accepted that in case all the analogous cases are heard by one authority, it would be in the interest of all concerned and the possibility of conflicting views being expressed would be ruled out.