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TMI Blog2001 (11) TMI 1008X X X X Extracts X X X X X X X X Extracts X X X X ..... self snapped in the shaft of a column and was crushed by the fast rotating machine and was ruinously injured. His neck, hands, legs etc. suffered multiple injuries including fractures. He was rushed to a private hospital and from there, to the Post Graduate Institute, Chandigarh. An emergency tracheotomy was performed to save his life as the endoscope revealed that his right vocal cord has been paralised, the trachea and other vessels of the neck were impaired. One of his legs and one of his hands were amputated besides very many other impairment suffered by him. Enough it is to say that he did not die of the injuries. If the description of the ravageous features of the consequences on his person as recorded in the medical papers produced by him are to be believed we can only bemoan that he survived to live a triturated life. He filed a petition before the Commissioner for Workmens Compensation, Yamuna Nagar (Haryana) on 6.2.1997, claiming compensation of ₹ 5 lakhs plus medical expenses of ₹ 2 lakhs, in accordance with the provisions of the Workmens Compensation Act, 1923, (for short the Act). The respondent in his written statement repudiated all the above averme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made in the petition filed by the appellant for recalling the order. Respondent in his reply disclaimed having paid any amount to appellant and even disowned the minuted fact that he made the statement in the court that an agreement was arrived at. He asserted that appellant had withdrawn his claim on his own. He reiterated that appellant was never employed by him and denied having played any fraud on him, but he forcefully opposed the prayer for recalling the order. The Commissioner thereupon passed an order on 11.10.1999, after referring to Section 17 of the Act which declares any agreement (by which a workman relinquishes any right to get compensation from the employer for personal injury) as null and void. The operative portion of the order so passed by the Commissioner reads thus: In view of Section 17 of the Act read with Section 151 of the CPC, I set aside order dated 19.3.99 in the interest of justice so that the claim case could be decided on merits. Since the respondent has denied that any payment has been made to the applicant on 12.3.99 no suffering shall be caused to him by this order. The case to come up for evidence of the respondent on 19.11.99. No costs. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gislative protection conferred on an injured workman as per Section 17 of the Act, or the decision of this Court in United India Insurance Co. Ltd. vs. Rajendra Singh and ors. {2000(3) SCC 581} which were brought to the notice of the learned single Judge, did not make any impact on him. He sidelined the legislative mandate and bypassed the binding decision and proceeded to overturn the correct decision rendered by the Commissioner. Thus, the hands of the High Court had snatched away the solace provided by the Commissioner to a semi-handless and semi-legless person. We are greatly disturbed by the insensitivity reflected in the impugned judgment rendered by the learned single Judge in a case where judicial mind would be tempted to utilize all possible legal measures to impart justice to a man mutilated so outrageously by his cruel destiny. The High Court non-suited him in exercise of a supervisory and extraordinary jurisdiction envisaged under Article 227 of the Constitution. Time and again this Court has reminded that the power conferred on the High Court under Article 226 and 227 of the Constitution is to advance justice and not to thwart it. {vide State of Uttar Pradesh vs. Di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 of the Act gives specifications how to quantify the amount of compensation payable to the workmen. Clause (b) of sub-section (1) thereof says: where permanent total disablement results from the injury, an amount equal to sixty per cent of the monthly wages of the injured workman multiplied by the relevant factor shall be the amount of compensation. What is meant by relevant factor in relation to a workman is defined in Explanation I to the said section. It means the factor specified in the second column of Schedule IV. If the age of the claimant is as stated by him in the application, the relevant factor would be a figure nearing 217. We mentioned the above aspect only for indicating that if the claim of the appellant is to be granted he would have been benefited by an enormous amount of compensation when compared with the paltry pelf which his advocate has paid to him through fraud or deceitful means. In the light of the above provisions of the Act the High Court could have, without any strain, gauged the magnitude of the injustice inflicted on the claimant if the order of the Commissioner dated 19.3.1999 remained unchanged. Had the Commissioner refused to recall the said or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inequitable it be, or even if the Commissioner was convinced that the order was wangled from him by playing a fraud on him he would be helpless and the parties thereto would also be helpless except to succumb to such fraud. It was in this context that the decision cited before the learned single Judge of the High Court required consideration by him. In United India Insurance Co. Ltd. vs. Rajendra Singh and ors. (supra) this Court had held thus: Therefore, we have no doubt that the remedy to move for recalling the order on the basis of the newly-discovered facts amounting to fraud of high degree, cannot be foreclosed in such a situation. No court or tribunal can be regarded as powerless to recall its own order if it is convinced that the order was wangled through fraud or misrepresentation of such a dimension as would affect the very basis of the claim. We cannot allow the order of the Commissioner dated 19.3.199 to remain alive even for a moment. It is the byproduct of fraud and cheating. We, therefore, set aside the impugned judgment and restore the order passed by the Commissioner on 11.10.1999. As already a long period of six years has been wasted we direct the Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X
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