binding nature
jawahar
(Querist) 06 April 2009
This query is : Resolved
Dear Learned Friends,
In a workmen's Compensation case the Deputy Commissioner of Labour awarded compensation. In that the case of the management is that the deceased was not at all a workmen under the management. In a criminal case filed by the Inspector of factories with respect to that accident, the Learned Chief Judicial Magistrate gave a fining that the deceased was not a workmen under the management. Hence the Criminal case was dismissed. That judgement was marked in the compensation case.
My question is whether the Deputy Commissioner of Labour is bound to follow that judgement or not?
The deputy commissioner of labour being a quasi judicial authority has bind by the judicial findings or not? Pls answer with citation as far as possible.
adv. rajeev ( rajoo )
(Expert) 07 April 2009
Deputy commissioner is not bounded by the order of juidicial magistrate. In a criminal case entire proceedings depends on the evidences of the wittnesses. The ginding of the judicidical magistrate is not binding on the depurty commissioner of labour.
Guest
(Expert) 07 April 2009
No. Not binding. The reasons are two fold.
1. In criminal proceedings, the prosecution conducts the case, where the dependents of the deceased workmen have no say. Even though they are competent to prove employer-employee relationship, the prosecution conducts the case in its own style depriving them to have any say.
2. The standard of proof to prove a fact in criminal proceedings is "beyond reasonable doubt", where as in the workmen compensation case, the standard of proof to prove a fact is "probability" and hence on this bench mark, the Commissioner can take his independent decision without being influenced by the verdict of criminal court.
If you are aggreived with the criminal court verdict, you try to get a favourable order by filing a revision petition on behalf of the complainant / dependent of the deceased.
jawahar
(Querist) 07 April 2009
Thank you dear learned friends
M. PIRAVI PERUMAL
(Expert) 07 April 2009
Thanks a lot for the nice replies on the subject.
Kiran Kumar
(Expert) 07 April 2009
now the matter stands resolved
MANISH
(Expert) 10 April 2009
The proceedings before the CJM are different, the parameters and standards and degree of proof is different than in civil cases.
So, whatever was the finding of the magistrate is not binding on the Labour Commissioner, inasmuch as, the Labour Commmissioner has to decide a case of civil nature and not of criminal nature.
