JANESH GUPTA Vs. STATE OF H P

JUDGEMENT

(1.) What is the consequence of the Workmen's Compensation Act, as amended by Act 45 of 2009, in the matter of appointment of Commissioners is the issue arising for consideration in this case.

(2.) The Workmen's Compensation Act, 1923 provides for payment of compensation to the workmen and their dependents in the case of injury by industrial accidents including certain occupational diseases arising out of and in the course of employment resulting in death or disablement. The Act applies to certain railway servants and persons employed in hazardous employments such as factories, mines, plantations, mechanically propelled vehicles, construction work, etc., specified in Schedule II of the Act. However, the Act is not applicable to the employees who are covered under the Employees' State Insurance Act, 1948. The second National Commissioner (Labour) set up in the year 2002 had proposed a few changes in the Act and based on the said recommendations, certain amendments were introduced as per the Workmen's Compensation (Amendment) Act, 2009. It received the assent of the President of India on 22nd December, 2009 and the Act was notified in the Gazette on 22nd December, 2009. Among the various amendments, we are concerned with the amendment introduced in Section 20 of the Act.

(3.) Section 20, as it originally stood, read as follows: