- (1.) V. K. Shukla, J. M/s. Chawal a Techno Constructions Ltd. Has approached this Court questioning the validity of the order passed by respondent No. 2 Workmen's Compensation Commissioner/assistant Labour Commissioner, Allahabad awarding compensation to the tune of Rs. 2,44,008/- (two lacs forty four thousand and eight only) with interest of 8% from the accident date 16-8-2002 till the date of payment.
(2.) BRIEF facts of the case giving rise to instant writ petition is that petitioner is a company registered under the Companies Act and is engaged in activity of building construction. Respondent No. 3 Sant Lal was engaged as Carpenter. On 16-8-2002, shuttering collapsed on account of which Sant Lal suffered from serious injuries. Petitioners have contended that purely on humanitarion ground Sant Lal was admitted in hospital wherein petitioner incurred expenditure of Rs. 4,77,869. 00/- towards treatment. Thereafter, after improvement of health of Sant Lal without any information left his work place. It has been contended that thereafter Sant Lal preferred claim under the Workmen Compensation Act, 1923 before Workman Compensation Commissioner, Allahabad. Petitioners have contended that on the said application dated 2-4-2004 being moved, written statement was filed on 22-7-2004 and therein categorical plea was taken to the effect that Workman Compensation Commissioner, Allahabad had no authority or jurisdiction to entertain the matter. Thereafter, impugned order in question has been passed. Against which present writ petition has been filed. Short counter-affidavit has been filed in the present case and it has been contended that Workman Compensation Commissioner, Allahabad/assistant Labour Commissioner, Allahabad has jurisdiction and authority to entertain the claim and further as petitioner has statutory remedy of preferring appeal under Section 30 of the Workmen Compensation Act, 1923 and in order to avoid the deposit of payment with the Commissioner, the petitioner has tried to by pass the statutory remedy of filing appeal and has approached this Court. Short rejoinder affidavit has been filed and therein it has been contended that Workman Compensation Commissioner, Allahabad has no authority or jurisdiction to deal with the matter and that alternative remedy of appeal is not an absolute bar as order impugned is without jurisdiction and principles of natural justice has been violated with impunity.
(3.) AFTER pleadings mentioned above have been exchanged present writ petition has been taken up for final disposal with the consent of the parties. Original record from the Office of Workman Compensation Commissioner, Allahabad has also been summoned and same is before this Court at the point of time when present writ petition has been taken up. Sri Santosh Kumar Srivastava, Advocate, assailed the validity of the order passed by Workman Compensation Commissioner, Allahabad on the ground that as per Section 21 of Workmen's Compensation Act, 1923 the Commissioner has no authority or jurisdiction even to process the application of claim without giving notice in the manner prescribed by the Central Government to the Commissioner having jurisdiction over the area and the State Government concerned and in the present case undisputably place of accident is not at all within territorial jurisdiction of Workman Compensation Commissioner, Allahabad and as no notice has been given in the manner prescribed to the Commissioner having jurisdiction over the area and the State Government concerned, as such entire proceedings are void and not at all in consonance with the statutory provisions, as such and the assumption of jurisdiction is totally unwarranted.;