BASU DEO RAI Vs. JAGANNATH SINGH

JUDGEMENT

(1.) THE significant question involved in this appeal is whether the Commissioner under the Workmen's Compensation Act, by his order, dated 19 -6 -1980, could review his earlier order, dated 21 -3 -1980.

(2.) THE learned Counsel for the appellant has submitted that the Commissioner has no power to review his previous order for compensation made by him even under the existing law. The learned Counsel for the appellant has further submitted that the Commissioner, under the Workmen's Compensations Act, 1923 (as amended up -to -date) exercises power only under certain provisions of the Code and Section 151 of the Code of Civil Procedure and the provisions of Order 47, Rule 1, CPC not being amongst them, the Commissioner does not possess any inherent power to review its earlier order.

(3.) IN order to appreciate the submissions of the learned Counsel for the respective parties, it is pertinent to state a few facts. The appellant filed an application before the Commissioner under the Workmen's Compensation Act and claimed a compensation of Rs. 11,200. The appellant's (applicant's) case was that he was employed by the respondent and, on 3rd July, 1975, he received personal injuries by accident arising out of and in course of his employment. The appellant's case was that he was working on machine of Oil Mill of the respondent and he sustained crash injuries in his right hand resulting in chopping off of his three right hand's fingers.