JOGINDER SINGH Vs. COMMISSIONER UNDER WORKMENS COMPENSATION ACT

JUDGEMENT

(1.) APPELLANT's claim petition was rejected by the Commissioner at Jammu vide order dated June 25, 1990 on the plea of jurisdiction in terms of Section 21 of the Workmen's Compensation Act. He is in appeal to assail the order on the ground that since he resided at Jammu along with his employer, the Jammu Commissioner possessed the requisite jurisdiction.

(2.) THIS appeal remained pending in this Court for the last about 6 years and in the meanwhile Section 21 was amended by the amending Act of 1995 allowing a claim to lie now even before the Commissioner for the area in which the workman or in case of death, the dependent claiming compensation ordinarily resides. This amendment is operative with effect from August 19, 1995.

(3.) IN the unamended Section 21, the place of accident gave jurisdiction to the Commissioner concerned and in the amended section, the legislature had now made certain additions: including the place or ordinary residence of the workman and the registered office of the employer. The relevant provisions are extracted and read thus : Unamended Section 21 (1) Amended Section 21