- (1.) In this revisional application under Article 227 of the Constitution of India, the petitioner has challenged order dated July 6, 1998 passed by the Commissioner, Workmen's Compensation, Durgapur in Claim Case No. 84 of 1991 in a proceeding under the Workmen's Compensation Act, 1923 ("Act").
(2.) By the order impugned, the Tribunal below has rejected an application filed by the present petitioner for review of the final order passed by the Commissioner on December 12, 1997 on an application under Section 4 of the Act on the ground he had no power of review under the provision of the Act.
(3.) Mr. Banik, the learned Advocate appearing in support of this application has contended that the learned Tribunal below refused to exercise jurisdiction vested in it by law in holding that it had no jurisdiction to entertain an application for review. Mr. Banik in support of such contention relies upon a decision of the Allahabad High Court in a case of United India Insurance Co. Ltd. v. Workmen s Compensation Commissioner & others, 1997 ACJ 1028. Mr Banik further relies upon a Division Bench decision of this Court in the case of Bata India Ltd. v. Deputy Commissioner of Income Tax and others, 1996 217 ITR 871.;