RAJ KISHAN COMPANY Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition the petitioners have prayed for quashing the ORDER :of the Deputy Labour Commissioner -cum -Workman Compensation Commissioner, Darbhanga. Division (respondent no.2), as contained in Annexure -1, whereby, he directed the petitioner to deposit a sum of Rs. 58,329.76 (rupees fifty eight thousand three hundred twenty nine and seventy six paise) by way of compensation in favour of late Shiv Nandan Singh. whose heirs are respondents no.3(a) to 3(f) to the writ application.

(2.) IT appears late Shiv Nandan Singh sustained injuries while performing his duties on 29.8.1986. Accordingly he made a claim for compensation against the petitioners before respondent no.2 Thereafter on 11.11.1987 by a notice (Annexure -2) petitioners called upon to show cause as to why an appropriate ORDER :for payment of compensation be not passed. The petitioners thereafter, on 27.11.1997 through a letter, contained in Annexure -3. informed respondent no.2 that the concerned employee Was not employed under their establishment rather he was employee of M/s. R.S. & Company, Civil & Mechanical Contractor, at & P.O. Bihat Pirsthan in the district of Begusarai.

(3.) THE grievance is since petitioners had contested the claim of late Shiv Nandan Singh, respondent no.2 had no jurisdiction to adjudicate such dispute. Because as per the notification of the State Government. issued under sub -sections (1) & (2) of Section 20 of the Workmens Compensation Act, 1923. in a case where the claim of a workman for compensation was being contested, it was the Presiding Officer of the Labour Court. who shall have jurisdiction to adjudicate such matter. In this case from a bare reference to Annexure -3, it would appear that the petitioners had contested the claim of late Shiv Nandan Singh. Therefore, it was not open to respondent no.2 to adjudicate and decide his claim.