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2005 Supreme(Gau) 536

B.K.ROY, P.G.AGARWAL
Goljan Nesha – Appellant
Versus
Gammon India Ltd. – Respondent


JUDGMENT

B.K. Roy, J.

1. The following question of law was formulated at the time of admission of this appeal under Section 30 of the Workmen's Compensation Act:

Whether the Commissioner under the Workmen's Compensation Act had the jurisdiction either to revise or to review its own order?

2. The relevant facts are:

2.1. Appellant is widow of late Akbar Ali alias Akbar Hussain, the workman, who sustained grievous injuries in an accident in course of his employment on 4.4.1995 and succumbed to his injuries later on in the night.

2.2. Appellant claimed due compensation. Her application was registered as W.C. Case No. 68 of 1995 by the Commissioner, Workmen's Compensation, Dhubri. Despite objection, her claim was allowed by the Commissioner by passing an award of Rs. 1,62,683 along with simple interest at the rate of 12 per cent per annum thereon from 4.4.1995 to 30.4.1998 to the tune of Rs. 58,566 and directed respondent No. 4, the insurer, National Insurance Co. Ltd., to deposit the aforesaid amount within 30 days from the date of receipt of the award.

2.3. Respondent No. 4 filed a petition seeking revision/review of the award on 21.6.1998 on the grounds, inter alia, that the quantum of com


















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