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SHAGUFTA v AVNISH SINGH - CMA Case No. 910 of 2006 [2007] RD-RJ 103 (4 January 2007)

S.B.Civil Misc. Appeal No.910/2006

Shagufta and others. vs.

Avnish Singh and another.

Date : 4.1.2007


Mr. Rajesh Shah, for the appellant.

Mr. Surendra Surana ) for the respondents

Mr. LD Khatri )


Heard learned counsel for the parties finally.

Only short question involved in this appeal is whether the learned Workmen's Compensation Commissioner erred in allowing the review petition filed by the owner/respondent.

Learned counsel for the parties submit that the appeal itself may be decided in view of the fact that above question of law is involved in this appeal.

It is not in dispute that the power of review can be given by Statute to an authority and in case, the

Statute has not given the power of review to an authority to review its own order, then the authority cannot review of its own order.

In the present case, the award was passed by the learned Workmen's Compensation Commissioner in favour of the appellant awarding compensation and also imposed penalty of Rs.92,085/-. The employer submitted an application for review of the said award on the ground that opportunity of hearing was not given to the owner before imposing penalty by the Workmen's Compensation

Commissioner. The review petition was allowed and the penalty amount has been reduced from Rs.92,000/- to

Rs.5,000/- only.

Admittedly, learned Workmen's Compensation

Commissioner had no power to review its own order, therefore, this appeal deserves to be allowed, hence, allowed. The order passed by the Workmen's Compensation

Commissioner, Sirohi dated 4.3.2006 is set aside and the original award dated 17.9.2005 is restored.




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