Report No. 62

7.12. Section 22(1).-

Section 22, sub-section (1) begins negatively, by providing that no application for the settlement of any matter by a Commissioner (other than an application by a dependant or dependants for compensation), shall be made unless and until some question has arisen between the parties in connection there with, which they have been unable to settle by agreement. This provision, at first sight, gives the impression that before the Commissioner can assume jurisdiction, some attempt at settlement must have taken place between the parties and proved abortive. This, of course, is not the intention; and it has been judicially1 made clear that there is no obligation on the parties to attempt to settle, before they can proceed to make an application to the Commissioner.

1. C.E. Corporation v. Dureraj, AIR 1960 Ori 39.