Mohd. Kasim vs Mohd. Munawar Khan

This is a revision petition against the order of the Additional Collector at Hyderabad dated 30th April 1951 by which he has awarded 15 days'' wages as compensation u/s 6, Workmen''s Compensation Act, to the Respondent. The learned advocate for the Petitioner argues before us that the order under consideration is without jurisdiction inasmuch as u/s 22 of the Act, the petition for compensation can be heard and disposed of by a Commissioner appointed under the Act. A Commissioner as defined under the Act is a person who is appointed as such u/s 20 of the Act. u/s 20, the State Government has to appoint a person to be a Commissioner by a Notification, for the purposes of this Act A Notification dated 4th Azur, 1357 F., issued by the Secretary to Government, Labour Department, has been issued which appoints all the District Collectors as Commissioners for the purposes of the said Act. It is clear that when the District Collector is appointed a Commissioner for the purposes of this Act, it is in his capacity as a persona designata that the appointment is made. Therefore, the Additional District Collector cannot bo regarded, in our opinion, as Commissioner for the purposes of the said Act. Hence, the Additional District-Collector cannot be said to have jurisdiction to hear and dispose of the application of the Respondent. We, therefore, set aside the order under consideration and direct the Collector of Hyderabad to hear and dispose of the petition according to law.