Sir my question is whether the provision of C.P.C under order 22 rule 3 is applicable on workmen compensation Act?If yes then why?If not then what provision Is applicable related to death of plaintiff in a suit of workmen compensation act?
From India, Lucknow
From India, Lucknow
Yes as per section 23 of Employee Compensation Act amended up to date the Commissioner have all powers of a civil courts under CPC. The commissioner shall be deemed to be a Civil Court. The the Commissioner follow the procedure laid down under CPC for taking Evidence, oath etc.
However as per rule 41 of Compensation Rules only few provisions of CPC are applicabe .they are as First Sch to CPC, order V, rule 9 to 13 and 15 to 30, order IX, order XIII rule 3 to 10, order XVI rule 2 to 21 order XVII and order XXVIII rule 1 & 2.
in view of this as per Act the Commissioner shall act as a Civil court and in case of death of claimant an application u/o 22 rule 3 may be moved for impleding the heirs of claimant.
But before that need to analyise the definition of dependent under section 2(d) of the EC Act. Because the claimant's heirs should be dependent on the deceased employee.
Hope it will satisfy you.
87However as per rule 41 of Compensation Rules only few provisions of CPC are applicabe .they are as First Sch to CPC, order V, rule 9 to 13 and 15 to 30, order IX, order XIII rule 3 to 10, order XVI rule 2 to 21 order XVII and order XXVIII rule 1 & 2.
in view of this as per Act the Commissioner shall act as a Civil court and in case of death of claimant an application u/o 22 rule 3 may be moved for impleding the heirs of claimant.
But before that need to analyise the definition of dependent under section 2(d) of the EC Act. Because the claimant's heirs should be dependent on the deceased employee.
Hope it will satisfy you.
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Workmen Compensation Notification.pd f
Workmen Compensation Return.doc