Judgment 1. This miscellaneous appeal is directed against the order dated 18.3.2003 passed by the Deputy Labour Commissioner-cum-Commissioner for Workmens Compensation, Patna in W.C. Case No. 10 of 2001(C) whereunder the Oriental Insurance Company has been directed to deposit Rs. 1,89,560.00 in the form of cheque or draft in the Court of Deputy Labour Commissioner-cum-Commission«r within 30 days of passing of the order for payment of the same to the claimant. 2. The facts leading to this appeal are as follows: One Anil Bihari Saran was working as Receptionist in a hotel owned by respondent no. 3. The said Anil Bihari Saran was murdered while he was under employment and a criminal case was instituted. The deceased used to get a salary of Rs. 4306/- per month and he was aged about 35 years. The claimant, as heir and legal representative of the deceased, filed the claim application. The O.P. owner and the Insurance Company took the plea that the alleged murder took place outside the hotel and the death was not caused in course of employment of the deceased. The learned Deputy Commissioner examined witnesses, adduced on behalf of the parties and decided the matter and passed the order as mentioned above. 3. The main contention of the learned counsel for the appellant is that the Deputy Labour Commissioner-cum-Commissioner, Patna had no jurisdiction to decide the case and therefore, the impugned order is non est and liable to be set aside. He submitted that as provided under Sec.19(1) of the Act whenever a claim is contested, the matter has to be referred to a Commissioner for Workmen Compensation appointed by the State Government and that under the Government notification the Presiding Officer of the Labour Court has been appointed as ex officio Commissioner fa Workmen Compensation to deal with the contesting cases and the Officer other than the Presiding Officer of the Labour Court has been declared as ex officio Commissioner to deal with the non-contested cases and as such, the Deputy Labour Commissioner should not have dealt with the matter and should have referred the matter to the Labour Court. 4. In support of his submissions learned counsel relied on the decisions of this Court in the case of Ranvir Kumar Singh vs. State of Bihar, reported in 2003(2) PLJR 722 and the case of M/s Raj Kishore and Comp. 4. In support of his submissions learned counsel relied on the decisions of this Court in the case of Ranvir Kumar Singh vs. State of Bihar, reported in 2003(2) PLJR 722 and the case of M/s Raj Kishore and Comp. vs. State of Bihar, reported in 1999(1) PLJR 802. 5. Learned counsel for the respondents though defended the order but could not controvert the above submissions. 6. Sec.19(1) of the Act provides thus: 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. 7. Therefore, it is evident that when the claim of the applicant is contested the matter has to be settled by a Commissioner. 8. According to Sec.20 the State Government may by notification appoint any person to be a Commissioner. 9. So when according to the learned counsel for the appellant the Presiding Officer of the Labour Court has been appointed as Commissioner under the Act for contested cases, and this is not controverted by the other side, and the impugned order shows that the appellant had contested the claim of the applicant respondent, if is evident that it was beyond the jurisdiction of the Deputy Labour Commissioner-cum-Commissioner to deal with the case and pass the impugned order. This view also finds support from the above decisions relied on by the Insurance Company/appellant. 10. In the result, this miscellaneous appeal is allowed and the impugned order is set aside. The Deputy Labour Commissioner is directed to refer the matter to the Labour Court.