Question

Section 23 of Workmen Compensation Act 1923 says that the Commissioner shall have the power of

• A. A Court
• B. A Tribunal
• C. A quasi judicial form
• D. All of the above

Hint:

Many specialized adjudicatory bodies under various statutes (like Labour Courts, Consumer Forums, etc.) are vested with the "powers of a Civil Court" for procedural matters like summoning witnesses and documents. Remember this common feature.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks about the nature of the powers vested in the Commissioner under Section 23 of the Workmen's Compensation Act, 1923.

Step 2: Detailed Explanation:
Section 23 of the Workmen's Compensation Act, 1923 is titled "Powers and procedure of Commissioners." It explicitly states:
"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... and of compelling the attendance of witnesses and compelling the production of documents..."
This provision legally bestows upon the Commissioner the specific powers of a Civil Court for the purposes of adjudication under the Act.
- While the Commissioner functions as a Tribunal (B) and acts in a quasi-judicial (C) capacity, the statute itself specifically equates his powers to that of a Court (A) for procedural matters.
Given the explicit language of the section, "A Court" is the most precise and legally accurate answer. The term "quasi-judicial" describes the nature of the function, but "powers of a Civil Court" describes the legal authority granted.

Step 3: Final Answer:
Section 23 explicitly states that the Commissioner shall have the powers of a Civil Court for the purpose of conducting proceedings under the Act.