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.
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.
