How the Delhi HC plans to check the functioning of Employee Compensation Commissioners

Alarmed by the contention of an insurance company claiming fraud being committed on them by Employee Compensation Commissioners, the Delhi High Court has ordered the Government of Delhi to constitute an enquiry committee to look into the matter..In the case of Oriental Insurance Company Limited v. Mohd. Anwar, the petitioner through Advocate AK Soni argued that,.“there are a chain of illegal cases which have been filed before different Employees Compensation Commissioners, and there is an unhealthy and a questionable system which is operating whereby Employees Compensation Commissioners who have no territorial jurisdiction not only take up such cases but allow the totally unfounded claim petitions, although on record even no accident is proved to have happened.”.The Single Judge Bench of Justice Valmiki J Mehta, while directing the Govt of NCT of Delhi to set up a one member Enquiry Committee to look into the matter, also called out Advocates RK Nain and Associates, who are allegedly involved in the said malpractice. The Court directed,.“it is high time that for preventing further frauds upon the insurance companies, that an Enquiry Committee be constituted by the GNCTD to look into the judgments which are passed by any and every Employee Compensation Commissioner for the last three years in which the Advocates for the claimants are the Advocates M/s R.K. Nain and Associates and where as per the claim petition and/or defence the Employees Compensation Commissioners at Delhi would have no territorial jurisdiction on application of Section 21(1) of the Employees Compensation Act.”.Here are the details regarding the Committee, as specified by the Court:.The Enquiry Committee be headed by a retired Judge retired Chief Justice of this Court and who would be nominated by the competent authority in the GNCTD within four weeks.The Enquiry Committee will have extensive jurisdiction to examine if any offence has been committed by any person as per laws applicable.The Enquiry Committee will have powers to call for all necessary documents from any and every person in order to determine the issue as to whether any fraud, cheating, mis-appropriation etc etc or any other offence(s) have been committed by any person(s).The GNCTD is also requested that it should co-operate with the Enquiry Committee so that the Enquiry Committee should give its report as expeditiously as possible and preferably within six months of the constitution of the Enquiry Committee.Remuneration of the Enquiry Committee be fixed by the GNCTD in consultation with the retired Judge/Chief Justice who will be appointed as the one person committee.If the Enquiry Committee of the retired Judge/Chief Justice of this Court comes to a finding of existence of culpability of any person with respect to any offence which is committed, then, necessary action will be taken by the GNCTD against all such persons in accordance with law and within a period of six weeks of the report being submitted by the Enquiry Committee..Read the Judgment: