TILHARI, J. ( 1 ) THESE revision applications under section 115 of the Civil Procedure code have been filed challenging the order dated 26. 10. 1998 passed by the Labour officer and Commissioner for Workmen's compensation, Sub-Division II, Bangalore. ( 2 ) THE Workmen's Compensation Act confers a right to move for compensation and provides for proceeding thereunder and then provides for right of appeal under section 30 on terms and conditions prescribed therein. Revision under section 115 of the Civil Procedure Code lies from the judgment and order of subordinate civil courts means subordinate civil courts as created under the Civil Courts Act or at the most it can be said it may lie against the orders of the Tribunals which are specifically provided under the Act to be deemed to be civil court for the purpose of section 115. Workmen's Compensation Commissioner and Labour Officer may be said to be quasi-judicial authority when dealing with the cases of compensation. But, they do not stand in the position of regular civil courts. No provision has been brought to my notice which may be said to provide that the Workmen's Compensation commissioner is to be deemed to be a civil court. I may mention section 19 of the Workmen's Compensation Act, 1923, Section 19 of the Workmen's Compensation Act, 1923 reads as under:"19. Reference to Commissioners. (1) if any question arises in any proceedings under this Act, as to the liability of any person to pay compensation (including any question as to whether a person injured is or is not a workman) or as to the amount or duration of compensation (including any question as to the nature or extent of disablement), the question shall, in default of agreement, be settled by a Commissioner. (2) No civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by a Commissioner or to enforce any liability incurred under this Act. "a reading of sub-section (2) of section 19 clearly reveals that it excludes the jurisdiction of the civil court to deal or to decide or settle any question, to decide which jurisdiction and power has been conferred on the Commissioner under the act.
"a reading of sub-section (2) of section 19 clearly reveals that it excludes the jurisdiction of the civil court to deal or to decide or settle any question, to decide which jurisdiction and power has been conferred on the Commissioner under the act. When there is express provision excluding the jurisdiction of the civil court deeming of the Workmen's Compensation commissioner to be civil court would either render this section nugatory and perverse or it will amount to be introducing something which is against the intention of the legislature. The other provisions prescribe the procedure before the Workmen's compensation Commissioner. Section 27 confers power of reference by the Commissioner to the High Court. Section 30, as mentioned above, provides for appeal from a specified order as mentioned in clauses (a) to (e) and from no other order. I mean to say, the orders specified in clauses (a) to (e) have been specifically provided as appealable and appeal lies therefrom and when the right of appeal is confined to those orders of category (a) to (e), there is no question of any other right of appeal or right of appeal against any other order as right of appeal is always a statutory right and subject to the conditions prescribed. There is no provision like section 115 of the Civil Procedure Code in workmen's Compensation Act. There is no provision to the effect that the Workmen's compensation Commissioner is deemed to be a civil court and in the absence of a provision like that, the Workmen's Compensation Commissioner cannot be deemed or considered to be a civil court for the purpose of section 115 specifically taking into view section 19 (2) of the Act itself. ( 3 ) THUS considered, the court of Workmen's Compensation Commissioner not being a civil court, revision under section 115 is misconceived and it is not maintainable. The revision, as such, is hereby dismissed. Revision dismissed. --- *** --- .