IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.334 of 2006 DIVISIONAL MANAGER, NATIONAL I Versus SUMAN SINGH & ORS ----------- 6. 19.9.2008 National Insurance Co. Ltd. has filed this appeal for setting aside the judgment dated 20th July, 2006 passed by the Deputy Labour Commissioner-cum-Workmen’s Compensation Commissioner, Magadh Division, Gaya, in C.W.C.case no. 13/2005 (Suman Singh and others vs. National Insurance Company Ltd. and others), whereby and whereunder the application filed by the applicants/respondents ( who do not appear in spite of valid service of notice) for grant of compensation under Rule 20 of Workmen’s Compensation Act has been allowed and the appellant Insurance Company has been directed to deposit an account payee cheque or bank draft through Deputy Labour Commissioner-cum-Workmen’s Compensation Commissioner, Magadh Division, Gaya for Rs.2,04,053.85 (Rupees two lacs four thousand fiftythree and eightyfive paise) within one month from the date of judgment, failing which an interest @6% per annum shall be payable on the total compensation amount from the date of occurrence till the date of payment. Heard learned counsel for the appellant. No body appears for the respondents although notices deemed to have been validly served on them. Suman Singh, wife of late Lal Babu Singh and others filed the aforesaid C.W.C. case no. 13/05 in the court of 2 Deputy Labour Commissioner-cum-Workmen’s Compensation Commissioner, Magadh Division, Gaya, on the plea that Lal Babu Singh was employed as a driver of the truck bearing registration no. WB-11A-5679 and while he was plying the said vehicle some unknown criminals kidnapped him with the khalasi of the truck and thereafter they were killed and the miscreants threw their dead bodies near road side under Barachatti Police Station. On the statement of Ramdeo Yadav(Dafadar), FIR of Barachatti P.S.case no. 181 of 2004 under Sections 302 and 201 IPC. was drawn against unknown. The dead body of Lal Babu Singh was identified by the owner of the truck as his driver. After investigation police submitted chargesheet against Ajay Kumar Singh and ors. The case of the claimants was that at the time of accident Lal Babu Singh, the deceased driver, was aged 32 years and was getting salary of Rs.4000/- from his employer and was having a valid driving licence but such licence was not produced in the court. The appellant Insurance Company appeared and contested the matter. Owner of the vehicle also appeared and filed written statement. The owner accepted claim of the claimants and confirmed death of the deceased driver and monthly salary of the deceased, besides stated the fact that vehicle was insured under National Insurance Co.Ltd. and, thus, liable to pay the amount. The National Insurance Co. Ltd. Contested the claim case mainly on two grounds that deceased was never under the employment of so-called employer at the time of occurrence rather it was a case of murder of a stranger not 3 of a workman and so the case was not applicable under the Workmen’s Compensation Act, besides post mortem report did not mention name of Lal Babu Singh. Here the main point, which has been argued and given emphasis by the learned counsel for the appellant is absence of jurisdiction of Deputy Labour Commissioner as Workmen’s Compensation commissioner to decide the case when there is contest from the opposite party. In support of such contention he has referred to Notification S.O.No. 1188 L & E dated the 31st December, 1991, which runs as follows: “In exercise of the powers conferred by Sub-section (1) and (2) of Section 20 of the Workmen’s Compensation Act, 1923 (Act VIII of 1923) and in supersession of all previous notifications issued on the subject the Governor of Bihar is pleased to appoint the officers named in column 2 of Schedule hereto annexed to be ex-officio commissioners for Workmen’s Compensation within the local limits of their respective jurisdiction as specified in Column 4 of the said Schedule and to declare that :- (a) The Presiding Officers of the Labour Court, as ex-officio Commissioners for Workmen’s Compensation shall deal with all contested cases arising under the said Act and the Rules framed thereunder; (b) The officers other than the Presiding Officer of the Labour Courts as ex-officio Commissioners for workmen’s compensation shall deal with non-contested 4 cases only arising under the said Act and the Rules framed thereunder.” From perusal of the aforesaid notification it is clear that Presiding Officer of the Labour Court as an ex-officio Commissioner shall deal all contested cases arising under the said Act and the Rules framed thereunder and the officers other than Presiding Officer of the Labour Court as ex-officio Commissioners for workmen’s compensation shall deal with non-contested cases only arising under the said Act and the Rules framed thereunder. In support of such contention he has also cited a decision of this Court reported in 2007(2) PLJR593 (M.A.No.253 of 2003) wherein it has been held that Deputy Labour Commissioner-cum-Commissioner Workmen Compensation on contest of the parties is not authorized to decide the matter, who is empowered to deal with non-contested cases only arising under the Act and once such a contest was set up, he was bound in law to refer the matter to the Labour Court having jurisdiction over the matter for adjudication. Here, it has been argued that there is contest from the appellant side on two grounds, i.e., deceased driver Lal Babu Singh was not in employment of the owner of the said vehicle and his dead body was not identified in true perspective and, therefore, such matter of contest should not have been decided by the Deputy Labour Commissioner as ex-officio Commissioner for Workmen’s compensation commissioners rather the matter should have been sent to the Presiding Officer of the Labour Court. 5 I find force and substance in the submission of learned counsel for the appellant. In the result, the appeal is allowed and the impugned order is set aside. The matter is remitted to the court below for sending the same to the Labour Court for deciding the matter in accordance with Law. (Subash Chandra Jha,J.) spal/