23. Powers and procedure of Commissioners.—
The Commissioner shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence on oath (which such Commissioner is hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the production of documents and material objects, 1[and the Commissioner shall be deemed to be a Civil Court for all the purposes of2[section 195 and of Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974)]].
Award of compensation by Workmen’s Compensation Commissioner
It is within the competence of the Workmen’s Compensation Commissioner and he is also bound to award compensation as prescribed under Schedule 4 read with sec. 4 (1) (a) of the Act even if heirs of deceased workman claim less compensation than prescribed under the Act and the Schedule; Mostt., Chhatiya Devi Gowalin v. Rup Lal Sao, 1978 Lab IC 1368: 1978 BLR 502; 1978 ACJ 481; 1978 BJR 622.
Principle of waive or acquiscence
Even if the claimant has made a claim of lesser amount than due, his right to claim or the power of the Commissioner to enhance the compensation is neither waived nor curtailed since the principle of waive or a acquiscence has no application to such type of cases; Balavandra Patra v. Chief Engineer Orissa, 1987 (I) LLN 634; Mohd. Koya v. Balan, 1987 (I) LLN 353.
Refusal by Commissioner to record memorandum of agreement
Where it appears to the Commissioner that an agreement as to the payment of lump sum whether by way of redemption of a half-monthly payment or otherwise, or an agreement as to the amount of compensation to a workman or a person under a legal disability ought not to be registered because of inadequacy of the sum or amount or by reason of the agreement having been obtained by fraud or undue influence or other improper means, the Commissioner may refuse to record the memorandum of the agreement. He may pass such order including an order as to any sum already paid under the agreement, as he thinks just in the circumstances; Amarshi Jeram v. M/s. Hazarat and Co., AIR 1962 Guj 262: 1962 II LLJ 187.
1. Added by Act 5 of 1929, sec. 5.
2. Subs. by Act 30 of 1995, sec. 12, for “section 195 and of Chapter xxxv of the Code of Criminal Procedure, 1898 (5 of 1890)” (w.e.f. 15-9-1995).