Oil and Natural Gas Corporation Ltd. Vs. the Petroleum Employees Union and ors. - Court Judgment

Excerpt:
- motor vehicles act (59 of 1988)section 168: [dr.arijit pasayat & asok kumar ganguly,jj] compensation - multiplier method held, it involves ascertainment of loss of dependency or multiplicand. choice of multiplier is determined by age of deceased and by calculation as to what capital sum would yield the multiplicand by way of annual interest. section 168: [dr.arijit pasayat & asok kumar ganguly,jj] compensation determination - deceased riding scooter died in accident with bus - he was aged 43 years and earning rs. 12000/-p.m. as contractor applying multiplier of 10 and making 1/3rd deduction claimants would be entitled to compensation of rs.2,40,000/- with interest @ 6% p.a. section 168 :[dr.arijit pasayat & asok kumar ganguly,jj] compensation multiplier method held, the multiplier method involves the ascertainment of the loss of dependency or the multiplicand having regard to the circumstances of the case and capitalising the multiplicand by an appropriate multiplier. the choice of the multiplier is determined by the age of the deceased (or that of the claimants whichever is higher) and by the calculation as to what capital sum, if invested at a rate of interest appropriate to a stable economy, would yield the multiplicand by way of annual interest. in ascertaining this, regard should also be had to the fact that ultimately the capital sum should also be consumed up over the period for which the dependency is expected to last. deceased aged 43 years at time of accident and was hawker. multiplier of 10 and rate of interest @ 6% p.a. would be appropriate and not multiplier of 15 and interest rate @ 9% p.a. fixed by high court. compensation was determined at rs.2,00,000/- with interest at 6% p.a. order1. leave granted.2. having heard the learned counsel for the parties, we are of the opinion that keeping in view the decision of this court in steel authority of india and ors. v. national union waterfront workers and ors. : (2001)iillj1087sc , the question as to whether the contract between the contractor and management of o.n.g.c. was sham or not, should be decided by the industrial tribunal. we, therefore, are of the opinion that the interim relief, if any, prayed for by the workmen may also be determined by the said tribunal. 3. however, keeping in view the passage of time as also the interim order of stay passed by this court on 25.8.2005, paragraph 8 of the impugned order need not be implemented till any appropriate order is passed by the tribunal. 4. it is needless to say that all contentions of the parties, including the question of maintainability of the reference, shall remain open. 5. the appeals are disposed of with the aforementioned direction.

Judgment:
ORDER

1. Leave granted.

2. Having heard the learned Counsel for the parties, we are of the opinion that keeping in view the decision of this Court in Steel Authority of India and Ors. v. National Union Waterfront Workers and Ors. : (2001)IILLJ1087SC , the question as to whether the contract between the contractor and management of O.N.G.C. was sham or not, should be decided by the Industrial Tribunal. We, therefore, are of the opinion that the interim relief, if any, prayed for by the workmen may also be determined by the said Tribunal.

3. However, keeping in view the passage of time as also the interim order of stay passed by this Court on 25.8.2005, paragraph 8 of the impugned order need not be implemented till any appropriate order is passed by the Tribunal.

4. It is needless to say that all contentions of the parties, including the question of maintainability of the reference, shall remain open.

5. The appeals are disposed of with the aforementioned direction.