Define the workmen commissioner and what are his powers and procedures.

Question: Define the workmen commissioner and what are his powers and procedures.

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Answer

The Commissioner for Workmen's Compensation is a quasi-judicial authority appointed by the state government under Section 20 of the Workmen's Compensation Act, 1923. The Commissioner has the power to adjudicate and settle disputes between employers and employees relating to compensation payable under the Act.

The powers and procedures of the Commissioner for Workmen's Compensation are detailed under the Workmen's Compensation Act, 1923, and its relevant provisions are as follows:

1. Powers to decide disputes: The Commissioner has the power to decide disputes between employers and employees relating to the liability of the employer to pay compensation under the Act. The Commissioner can also determine the amount of compensation payable to the employee or his/her dependents based on the nature of the injury, the employee's wages, and other relevant factors.

Section 20(2): "The State Government may, by notification in the Official Gazette, appoint as many persons as it thinks fit, having the qualifications specified in sub-section (3), to be Commissioners for Workmen's Compensation for such areas as may be assigned to them by the State Government."

Section 4: "The amount of compensation payable in respect of a workman who has suffered an injury shall be as follows, namely:
(a) where death results from the injury, an amount equal to fifty per cent of the monthly wages of the deceased workman multiplied by the relevant factor;
(b) where permanent total disablement results from the injury, an amount equal to sixty per cent of the monthly wages of the injured workman multiplied by the relevant factor."

2. Procedure for filing a claim: An employee who suffers an injury or death due to an accident arising out of and in the course of employment can file a claim for compensation with the Commissioner. The claim can be made by the employee or his/her dependents.

Section 22: "The claim for compensation shall be made in such form and shall be accompanied by such documents and particulars as may be prescribed."

3. Power to summon witnesses: The Commissioner has the power to summon witnesses and examine them on oath or affirmation. The Commissioner can also order the production of documents or other material evidence to assist him in arriving at a decision.

Section 36: "The Commissioner or any other person required to attend a Court or any officer required to produce a document or a thing shall be deemed to be a public servant within the meaning of the Indian Penal Code."

4. Procedures for appeals: If a party is dissatisfied with the decision of the Commissioner, he/she can appeal to the higher authorities, namely the Employees' Compensation Appellate Tribunal and the High Court.

Section 30: "Any person aggrieved by an order made under this Act may prefer an appeal to the High Court within sixty days of the order."

In conclusion, the Commissioner for Workmen's Compensation is a quasi-judicial authority appointed by the state government to adjudicate and settle disputes between employers and employees relating to compensation payable under the Workmen's Compensation Act, 1923. The Commissioner has the power to summon witnesses, determine the amount of compensation, and enforce the provisions of the Act. The procedure for filing a claim, appealing against a decision, and the powers of the Commissioner are clearly laid out in the Act.