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1994 DIGILAW 385 (ORI)

NATIONAL INSURANCE COMPANY LIMITED v. GOLAP BARIK

1994-12-19

ARIJIT PASAYAT, B.N.DASH

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JUDGMENT : A. Pasayat, J. - National Insurance Company Limited has filed this application highlighting certain difficulties encountered by parties appearing before various authorities under the Workmen's Compensation Act, 1923 (in short, the 'Act'). It is stated that in respect of identical cases under the Act, arrangement can be made to take up connected matters, otherwise possibility of dismetrically opposite views being expressed cannot be ruled out. It is indicated that there is no system of maintaining a diary in the respective offices of the authorities and no cause lists are placed in order to enable a party to know about the adjourned dates. There is no uniformity observed by authorities in directing deposits out of awarded amounts, and uniform pattern of deposit would be in the interest of all concerned. 2. By way of illustration, reference is made to a particular case, i.e. W.C. Case No. 522-D of 1993 which according to the petitioner has links with some other cases, namely, W.C. Case No. 523-D to 525-D of 1993. While case of the petitioner is before one authority, others are before another authority. The prayer is to take up all the cases together by one authority. 3. Mr. D.S. Das, learned Additional Government Advocate and the learned Counsel appearing for the claimant before the authority under the Act addressed us on these aspects. Functionaries of Motor Vehicles Lawyers Association also volunteered to assist when the matter was taken up for disposal. A Notification of the Government of Orissa, Labour and Employment Department dated 20.9.1994 was produced before us. The same indicates local limits of jurisdiction of various authorities. The notification has been issued in exercise of powers conferred by Sub-section (1) of Section 20 of the Act. Subsequently the Labour Commissioner has allocated the work amongst the Assistant Labour Commissioners posted in the Divisional Labour Office, Cuttack. Three different officers have been given jurisdiction for administration and enforcement of all labour laws in certain districts, to take up workmen's compensation cases for certain districts and to function as authorities under the Minimum Wages Act, controlling authority under the Payment of Gratuity Act in respect of certain districts. From the arrangements it is seen that the Labour Commissioner of Orissa, the Joint Labour Commissioner, the Additional Labour Commissioner attached to Labour Directorate, Bhubaneswar, and the Assistant Labour Commissioner attached to Labour Directorate, Bhubaneswar have jurisdiction over whole State of Orissa. From the arrangements it is seen that the Labour Commissioner of Orissa, the Joint Labour Commissioner, the Additional Labour Commissioner attached to Labour Directorate, Bhubaneswar, and the Assistant Labour Commissioner attached to Labour Directorate, Bhubaneswar have jurisdiction over whole State of Orissa. It is accepted that prior to the office order dated 20.9.1994 passed by the Labour Commissioner, cases could be filed before any of the Assistant Labour Commissioners posted in the Divisional Labour Office, Cuttack. It is accepted that the likelihood of conflicting views being expressed in cases involving identical point cannot be ruled out. It is fairly accepted that in case all the analogous cases are heard by one authority, it would be in the interest of all concerned and the possibility of conflicting views being expressed, would be ruled out. 4. In the circumstances we direct that in case any of the parties makes a motion before the Labour Commissioner or Joint Labour Commissioner, Bhubaneswar, for transfer of a case from a particular division on the ground that the concerned case has links with cases filed in another division, the Labour Commissioner or the Joint Labour Commissioner, as the case may be, shall consider all relevant aspects and pass appropriate orders. It is stated before us that the two Joint Labour Commissioners are posted at Cuttack and Bhubaneswar and there are two Deputy Labour Commissioners who are posted at Jeypore and Rourkela. In case the prayer relates to same division the motion has to be made before the Deputy Labour Commissioner or Joint Labour Commissioner, as the case may be. While deciding the question whether the cases are to be heard by a particular authority, the guiding factor would be whether there is any link between the cases. 5. So far as the difficulty encountered by the parties on account of non-maintenance of diary or absence of cause list is concerned, the Joint Labour Commissioner-cum-Commissioner under the Workmen's Compensation Act has in his counter affidavit dated 13.12.1994, accepted that difficulties are encountered due to non-maintenance of diary and non-affixing of cause-lists. It is stated that steps have been taken to take immediate measures to provide additional staff, and the matter is pending with the Government. The Government in the Labour and Employment Department would do well to take immediate steps in the matter. It is stated that steps have been taken to take immediate measures to provide additional staff, and the matter is pending with the Government. The Government in the Labour and Employment Department would do well to take immediate steps in the matter. It is needless to mention that cases relating to workmen's compensation, normally involve people of the lower strata of the society and such cases deserve to be disposed of urgently to mitigate the sufferings of the affected persons. Efforts should be to wipe out any unavoidable delay. 6. So far as Cuttack Division Labour Office is concerned, from the order dated 20.9.1994, we find that two Assistant Labour Commissioners have been permitted to take up cases relating to Jaipur and Kendrapara. The Labour Commissioner shall consider whether allotment of work in respect of the same district to two officers would cause any inconvenience and if possible he shall allot concerned districts to one particular officer and accordingly re-allocate the work-schedule. 7. So far as the mode of deposit of the award amounts is concerned, there is no dispute that fixed deposit in nationalised bank would provide more security. We, therefore, direct that such portion of the award amount as would be directed by the concerned authority shall be kept only in nationalised banks in fixed deposits. So far as the quantum of award is concerned, this Court in several cases has indicated the pattern. The higher the amount the higher would be percentage of deposit. In case of awards up to Rs. 50,000/- the quantum to be kept in fixed deposit should be between 70% to 80% depending upon the quantum of award. So far as the awards above Rs. 50,000/- up to Rs. 1,00,000/- are concerned, the percentage shall be between 80% to 85%. In respect of awards beyond Rs. 1,00,000/- the percentage shall be between 85% to 90%. Strict adherence to this pattern of deposit would be beneficial to the claimants. 8. Petitioner has prayed for transfer of W.C. Case No. 523-D of 1993. It is stated that the same is pending before the Joint Labour Commissioner-cum-Commissioner for Workmen's Compensation, Cuttack, while some other cases which, according to the petitioner, having close link to the aforesaid case are pending before the other authorities. The Joint Labour Commissioner shall decide the authority who shall hear the cases in case they have link. It is stated that the same is pending before the Joint Labour Commissioner-cum-Commissioner for Workmen's Compensation, Cuttack, while some other cases which, according to the petitioner, having close link to the aforesaid case are pending before the other authorities. The Joint Labour Commissioner shall decide the authority who shall hear the cases in case they have link. The writ application is accordingly disposed of. No costs. A copy of our order be handed over to the learned Counsel for State for necessary compliance. B.N. Dash, J. 9. I agree.