IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.496 of 2005 ORIENTAL INSURANCE COMPANY LTD., through the Branch Manager, Kutchari Road, Beusarai .. .. Appellant. Versus 1. Smt.SUNAINA DEVI, wife of LateTun Tun Roy @ Zeromile, village Fathehpur, PS Bhagwanpur, Dist. Begusarai. 2. M/s. Dhillan Transport Agency Road Carriers & Fleet Owner, Sinha Library Road, Patna. 3. Sri Mahendra Pal Singh, Owner of Dhillan Transport Agency, Sinha Library Road, Patna .. .. Respondents. … For the appellant : Mr. Devi Kant Jha, Advocate. For respondent no.1 : Mr.Randhir Kumar No.I. … 11 16.1.2009 This appeal arises out of an award, dated 30.8.2005 passed in W. C. No. 4/2003 by which the Deputy Labour Commissioner-cum-Worksmen compensation Commissioner, Munger Division, Begusarai has directed the appellant to pay Rs.4,23,580/- by way of compensation along with 12% interest plus 50% penalty. The only question which arises in this appeal is whether the Deputy Labour Commissioner had the jurisdiction to pass an order when the Insurance Company-appellant has contested the claim of the applicant-respondent on the ground that the Insurance Company did not have the liability to make payment of the said compensation amount. Referring to Government notification i.e. S.O. 1188-L&E, dated 31.12.1990 as promulgated under sub-sections (1) and (2) of section 20 of the Worksmen Compensation Act, it has been pointed out that the Presiding Officer of the Labour Court has been appointed by the Government as Ex-officio Commissioner to deal with all contested cases under the Act and that the officers other than the 2 Presiding Officers of the labour court are Ex-officio Commissioner to deal with uncontested cases only. From the facts stated in the judgment, it is clear that the appellant was contesting the claim and as such in view of the judgment of this court in the cases of M/s. Raj Kishan Company vs. State of Bihar and others, 1999 (1) PLJR 803 and Branch Manager, United India Insurance Company Limited vs.Sajan Ram & Another, 2007 (2) PLJR 593, this case ought to have been heard by the Labour Commissioner and as such the order impugned has to be set aside in view of the provisions of section 20 of the Act aforesaid. Accordingly, the order, dated 30.8.2005 is hereby set aside and the Deputy Labour Commissioner, Worksmen Compensation, Munger Division, Begusarai will refer the matter for proper adjudication to the Presiding Officer of the concerned labour court. In the result, this appeal is allowed in the terms indicated above. haque (Sheema Ali Khan, J.)