Commissioners under the Workmen’s Compensation Act, 1923 (now known as the Employees’ Compensation Act, 1923), are appointed to perform specific roles and responsibilities related to the adjudication of compensation claims and the enforcement of the Act.
Role of Commissioners
Commissioners appointed under the Employees’ Compensation Act, 1923, primarily serve as quasi-judicial authorities responsible for resolving disputes related to compensation for work-related injuries, disabilities, or fatalities. They act as intermediaries between the injured employee or their dependents and the employer.
Responsibilities of Commissioners
- Adjudication of Claims:
- Commissioners are responsible for examining and adjudicating claims filed by employees or their dependents seeking compensation for injuries or fatalities that occurred during the course of employment.
- They assess the validity of claims based on the Act’s provisions and the evidence presented by both the claimant and the employer.
- Holding Hearings:
- Commissioners conduct hearings to provide a platform for both parties (the claimant and the employer) to present their cases and arguments.
- These hearings are conducted in an impartial manner to ensure fairness and adherence to due process.
- Determining Compensation:
- Commissioners calculate the amount of compensation to be awarded to the claimant based on the nature and severity of the injury, the employee’s wages, and the specific circumstances of the case.
- They refer to the schedule of compensation provided in the Act to calculate the award.
- Enforcing Decisions:
- Commissioners have the authority to issue written orders specifying the amount of compensation to be paid by the employer to the employee or their dependents.
- They ensure that employers comply with their orders and pay the awarded compensation in a timely manner.
- Facilitating Settlements:
- Commissioners may actively encourage and facilitate negotiations between the parties to reach a settlement without the need for a formal hearing.
- They help ensure that settlements are fair and adhere to the provisions of the Act.
- Record Keeping:
- Commissioners maintain records of all proceedings, including hearings, evidence, and decisions related to compensation claims.
- Accurate record-keeping is essential for transparency and accountability.
- Appeals:
- Commissioners’ decisions can be appealed by either the claimant or the employer who is dissatisfied with the ruling.
- They may be required to cooperate with higher authorities or courts when a case is appealed.
- Review of Decisions:
- Commissioners have the authority to review and modify their own previous decisions if new evidence or circumstances come to light that warrant a change in the compensation awarded.
- Reporting:
- Commissioners may be required to submit periodic reports to the government or relevant authorities regarding the implementation of the Act and the resolution of compensation claims.
- These reports typically include statistics, case summaries, and any recommendations for improving the process.
