appoint of Employees' Compensation Commissioner
Kirti Kar Tripathi
(Querist) 09 December 2010
This query is : Open
Dear friends
I have a query with regard to appointment of Workmen Compensation Commissioner, now Employees’ Compensation Commissioner
The provision regarding appointment of workman compensation commissioner in principal Act was as follows
20. Appointment of Commissioners.-(1) The State Government may, by notification in the Official Gazette, appoint any person to be a Commissioner for Workmen's Compensation for such 2*** area as may be specified in the notification.
3*[(2) Where more than one Commissioner has been appointed for any 2*** area, the State Government may, by general or special order, regulate the distribution of business between them.]
3*[(3)] Any Commissioner may, for the purpose of deciding any matter referred to him for decision under this Act, choose one or more persons possessing special knowledge of any matter relevant to the
matter under inquiry to assist him in holding the inquiry.
The amendment made in the Act in 2009, the following amendment was made in Section 20
“In Section 20 of the principal Act, in sub-Section (1) after the word “Appoint any person “ the word “Who is or has been a member of State Judicial Service for a period of not less then five years or is or has been for not less then five years an Advocate or a pleader or is or has been a Gazetted Officer for not less then five years having educational qualifications and experience in Personnel Management, Human Resource Development and Industrial Relations” shall be added.
This amendment was enforced on 18-1-2010 by the Government of India
Now the provision is as under
Appointment of Commissioners.-(1) The State Government may, by notification in the Official Gazette, appoint any person , Who is or has been a member of State Judicial Service for a period of not less then five years or is or has been for not less then five years an Advocate or a pleader or is or has been a Gazetted Officer for not less then five years having educational qualifications and experience in Personnel Management, Human Resource Development and Industrial Relations to be a Commissioner for Workmen's Compensation for such 2*** area as may be specified in the notification.
3*[(2) Where more than one Commissioner has been appointed for any 2*** area, the State Government may, by general or special order, regulate the distribution of business between them.]
3*[(3)] Any Commissioner may, for the purpose of deciding any matter referred to him for decision under this Act, choose one or more persons possessing special knowledge of any matter relevant to the
matter under inquiry to assist him in holding the inquiry
Now my query is that whether any notification in conformity of new provision i.e. Section 20 of Act after amendment is issued by any of the State particularly in U.P. or whether workmen compensation commission appointed in pursuance of earlier provisions are still working.
If so, any petition challenging their authority has been filed , and what is the fate of such petition.
