ORIENTAL INSURANCE COMAPNY LTD. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Submission of learned counsel for the petitioners does merit consideration on one aspect of the matter. So far as maintainability of a proceeding by the dependents who ordinarily reside here cannot be disputed now in view of the subsequent amendment brought about in Section 21(1)(b) w.e.f. 18.1.2010 to the Workmen's Compensation Act. However, the obligation of the Commissioner entertaining an application to issue notice to the Central Government as well as the Commissioner in whose jurisdiction the accident took place, is an integral part to that section. The notice has to be issued under the Workmen's Compensation (Venue of Proceedings) Rules, 1996. It is the stand of the petitioners that in terms of the said rule and requirement, no notice either to the Central Government or to the Commissioner for Workmen's Compensation, within whose jurisdiction the accident took place, was ever issued, since by way of an amendment recently brought about, the claimants can maintain an application for compensation in a place where they ordinarily reside, if the workman died in an accident but that is coupled with a requirement of law of issuance of notice to the Central Government as well as the local Commissioner for Workmen's Compensation within whose jurisdiction the death had taken place.

(2.) In view of the above, the impugned order contained in Annexure-1, dated 28.5.2007 is hereby quashed but the matter is remitted back to the Commissioner for Workmen's Compensation, Munger Division, Begusarai for re-adjudication after following the requirement of notice both upon the Central Government as well as the Commissioner, Workmen's Compensation where the accident of the workman had taken place. Writ is allowed.