T.K. Mahin vs Commissioner for Workmen''s Compensation and Another

V. Balakrishna Eradi, J.—The Petitioner has filed this writ petition challenging the order Ext. P-1 passed by the Commissioner for Workmen''s Compensation, North Zone, Kozhikode, impleading him as an additional opposite party in a case that is pending before him It is contended by the Petitioner that the 1st Respondent has acted without jurisdiction in passing the impugned order since there is no express; provision in the Workmen''s Compensation Act or in the rules framed thereunder empowering him to exercise the powers under Order I Rule 10, CPC Code. I am unable to accede to this contention. A combined reading of Sections 10, 10A and 19 of the Workmen''s Compensation Act shows that under the scheme of the Act the Commissioner can even take proceedings suo motu when he receives information that a workman has died as a result of an accident arising out of or in the course of employment and may, in such event, send by registered post a notice to the workman''s employer requiring him to submit within 30 days of service of such notice a statement in the prescribed form giving the circumstances attending the death of the workman and indicating whether in the opinion of the employer he is or he is not liable to pay compensation on account of the death. It is also clear that even in respect of proceedings started on the motion of a party claiming compensation u/s 10 of the Act the Commissioner is invested with the power to decide the claim for compensation notwithstanding the fact that the claimant concerned has not given notice to the opposite party or that the claim has not been preferred against him in due time [vide 5th proviso to Section 10(1)]. It is further laid down in Section 19 that if any question arises in any proceeding under the Act as to the liability of any person to pay compensation the said question shall be settled by the Commissioner. Hence, if in the course of a proceeding that is pending before the Commissioner a question arises whether compensation is liable to be paid by a person, who is not already on record as a party, the commissioner will have full jurisdiction to issue notice to that person and to determine that question in his presence. The challenge made by the Petitioner against the order Ext. P-1 is, therefore, devoid of any merit. The writ petition is accordingly dismissed.