Full text: Report of the Royal Commission on Labour in India

WORKMEN'S COMPENSATION. 309 
imperfectly acquainted with the law and procedure. On the whole, 
magistrates, in spite of their less thorough legal training, probably find 
it easier than do most civil court judges to accommodate themselves to the 
requirements of these posts, with their unusual combination of extra- 
judicial and judicial duties, and we received evidence of some value from 
magistrates who had experience as Commissioners in industrial centres. 
But the work demands specialist knowledge and a specialist outlook 
which is not very easy to acquire. Moreover when an executive or judicial 
officer has obtained experience, he is liable to be transferred to a district 
where he has small concern with the Act, and to be replaced by an officer 
who has little experience of the subject. It is not surprising, therefore, 
that there should be demands from organisations closely concerned with 
the Act for the appointment of specialist Commissioners in all provinces. 
Administrative Arrangements Recommended. 
The only objection to such a step arises from the immense area 
to be covered. In all districts, except the few that are of industrial 
importance, cases are uncommon and are likely to remain so for some 
time to come. An officer situated within the district, if he is willing 
to give some attention to the subject, should be more effective than a 
better-qualified Commissioner, who may be situated at a long distance 
and may be unable to visit the district to decide a case. We are not pre- 
pared, therefore, to recommend the adoption of any absolute rule. But 
we consider it desirable that in every major province, there shovld 
be at least one officer who can be regarded as a specialist in the sub- 
ject. He need not be a whole-time officer, but continuity of tenure is 
important, and the appointment should not be linked with one in which 
transfers are frequent. We suggest that he should be made Commis- 
sioner for the district or districts of chief industrial importance, and for 
as many other districts as he can effectively cover. This should leave 
only the comparatively unimportant areas to less expert officers, who 
might be enabled to have the assistance of the specialist officer. We note 
that the Act does not contemplate more than one officer exercising 
jurisdiction in the same area. It seems to us that, apart from the 
general desirability cf having more than one officer capable of disposing 
of a particular dispute, the appointment of an additional Commissioner 
would have other advantages in some areas. For example, if additional 
Commissioners could be appointed, it would be possible to give a specialist 
Commissioner general responsibility for a wide area, with power to devolve 
work in outlying areas as occasion demanded. But whether this proves 
feasible or not, we are convinced of the desirability of entrusting the 
working of the Act, as far as possible, to specialist Commissioners. 
The Increase of Claims. 
An additional argument in favour of a change in this direction 
is afforded by the increase in the number of claims and disputes without 
any substantial addition to the classes of persons who are ““ workmen =, 
The following table gives the number of cases filed before Commissioners 
from the inception of the Act to the end of 1929. and also shows the
	        
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