Agreements for payment of compensation

(1) The employer and the workman may, after the injury in respect of which the claim to compensation has arisen, agree in writing as to, (a) the amount to be paid by the employer as compensation in respect of the incapacity of the workman resulting from that injury; (b) any other matter under this Act; and such agreement shall be forwarded through the Labour Commissioner to the court which may on the application of either party or the Labour Commissioner within three months cancel it and make such order (including an order as to any sum already paid under the agreement) as in the circumstances may be thought just if it is of the opinion that, (i) the sum paid or to be paid was or is inadequate or excessive; (ii) the agreement was obtained by such fraud, undue influence, misrepresentation or other improper means, as would in law be sufficient ground for avoiding an agreement; or (iii) the agreement was entered into in ignorance of or under a mistake as to the true nature of the injury. (2) Any such agreement may on application to the magistrate be made a judgment of the court under this Act. (3) Where it is desired to have an agreement made a judgment of the court, a memorandum thereof shall be sent by any interested party to the clerk of the court who shall, subject to the provisions contained in this section, on being satisfied as to its genuineness, record such memorandum in a special register, and thereupon the memorandum shall for all purposes be enforceable as a judgment of the court, Provided that, (a) no such memorandum shall be recorded before fourteen days after the despatch by the clerk by registered post of notice to the parties interested; and (b) where a workman seeks to record a memorandum of agreement between his employer and himself for the payment of compensation under this Act and the employer proves by affidavit that the workman has in fact returned to work and is earning wages as he did before the accident, and objects to the recording of such memorandum, the memorandum shall only be recorded, if at all, on such terms as the court under the circumstances may think just. 32