Law:

Section:

Workmen's Compensation Act (VIII of 1923)-----Ss. 8, 20 & 21---Compensation---Entitlement to receive whole amount o compensation---Person who neither had any relationship with decease employee nor was nominated by deceased as his exclusive legal heir fraudulently by producing fictitious or forged documents, posed to be son o deceased impersonated himself as sole heir or nominee of deceased and made claim for receipt of whole amount of compensation of deceased---Commissioner for Workmen's Compensation upheld claim of that person .to the exclusion of all three brothers and one sister of deceased---Commissioner for Workmen's Compensation did not allow the legal heirs of deceased to establish parallel claim and did not even wait for the result of move made by them before Civil Court for issuance of Succession Certificate, for which petition was pending before Civil Court---Commissioner for Compensation rejected request of real brother of deceased without giving any reason by merely observing that same had no merit---Commissioner for Workmen's Compensation by all means, had shown soft corner for unauthorised person for which both were liable to be prosecuted for commission of act of treachery, cheating, fabrication and fraud---Such act of dishonesty having been committed .in course of Court proceedings, Labour Appellate Tribunal, was supposed to act as complainant in case and any other aggrieved member of family of deceased could also do so---Order passed by Commissioner for Compensation, which could not sustain judicial scrutiny, was set aside being an incorrect and insane decision, on judicial as also factual plane---Matter was remanded for fresh decision and proportionment of shares of legal heirs of deceased afresh, in accordance with determination made by competent Court, while disposing of petition made by legal heirs of deceased for issuance of Succession Certificate with direction that presence of person who had received whole amount of compensation would be ensured and would be ordained to refund entire amount of compensation received by him fraudulently so that it lay in deposit with Commissioner for Workmen's Compensation during pendency of petition.…

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