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Aug 27 2018

Management of Hindustan Times Ltd. Vs.aita Ram & Ors.

Court : Delhi

Decided on : Aug-27-2018

Subject : Labour and Industrial

Act, 1947. The Court is made to believe that the subsequent retrenchment compensation has been calculated in a way as the workmen was in the … undertaking to its subsidiary M/s Hindustan Times Media Limited (HTML) w.e.f. 02.10.2004 and terminating the services of the workmen under Section 25FF of the Industrial Disputes Act, 1947 (ID Act) was held to be illegal and unjustified … the courts subordinate to the High Court, against which remedy of revision has been excluded by the CPC Amendment Act No.46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory … of the State to act for the common good of all.” The preamble to the Constitution of India says:-"WE, THE PEOPLE OF INDIA, having solemnly

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Jul 28 2025

Daivshala & Ors. versus Oriental Insurance Company Ltd. & Anr

Court : Supreme Court of India

Decided on : Jul-28-2025

Reported in : [2025] 7 S.C.R. 1706

course of his employment, since the accident occurred outside the precincts of the factory - The Commissioner for Workmen’s Compensation and Civil Judge allowed compensation - However, the High Court reversed the findings of the Commissioner and … in the ESI Act - In view of that, there is no manner of doubt that the said amendment is clarificatory in character and will have retrospective effect. [Paras 25, 44]Employees’ State Insurance Act, 1948 - s.51E … is a beneficial legislation. The main purpose of the enactment as the Preamble suggests, is to provide for certain benefits to employees of a factory

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Dec 17 2009

Bhuwalka Steel Indus. Ltd. Vs. Bombay Iron and Steel Labour Bd. and an ...

Court : Supreme Court of India

Decided on : Dec-17-2009

Subject : Labour and Industrial

Acts : Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969 - Sections 1, 2, 2(2), 2(11), 2(12), 4, 6, 14, 15, 15(2), 18, 19, 20, 21 and 22; Industrial Disputes Act, 1947 - Sections 2; Bombay Industrial Relations Act, 1946 - Sections 3(13), 3(14), 17G and 44; Security Guards Act; Motor Vehicles Act, 1988 - Sections 147, 145 and 149; Central Sales Tax Act - Sections 8(3); Workmen's Compensation Act, 1923; Payment of Wages Act, 1936; Maternity Benefit Act, 1961; Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam - Sections 50(1); Constitution of India - Articles 141, 254 and 254(2)

Reported in : 2010(1)BomCR656; JT2009(15)SC269; (2010)ILLJ561SC; 2009(14)SCALE623; (2010)2SCC273; 2009(10)LC5041(SC)

Matched in: Citation 2010(1)BomCR656; JT2009(15)SC269; (2010)ILLJ561SC; 2009(14)SCALE623; (2010)2SCC273; 2009(10)LC5041(SC)

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Sep 27 2018

Kismat Singh vs.piariya Devi & Ors

Court : Delhi

Decided on : Sep-27-2018

Subject : Land Acquisition

dependants or any of them.‖ (Emphasis supplied) 28. WorkmenCompensation Act was again amended in 2009 by Workmen‟s Compensation (Amendment) Act, 2009 with effect from 18th January, 2010 whereby the words ―workman‖ and ―workmen‖, were substituted with the words ―employee‖ … enacted to secure compensation to the poor workmen who suffer from injuries at their place of work. The preamble of the Act reads as under: ―An Act to provide for the payment by certain classes of employers

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Sep 26 2023

Commanding Officer Railway Protection Special Force Mumbai Vs. Bhavnab ...

Court : Supreme Court of India

Decided on : Sep-26-2023

Subject : Land Acquisition

virtue of their inclusion in the definition of a “railway servant”.16. It was also submitted that by Workmen’s Compensation (Amendment) Act, 2009, with effect from 18.01.2010, the term “Workman” was Civil Appeal No.3592 of 2019 Page 8 of 31 substituted … Railway Protection Force Act, 1957 (in short, “the 1957 Act”). Relevant Provisions of the 1923 Act 22. The preamble of the 1923 Act reads thus: “An Act to provide for the payment by certain classes of employers

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Mar 06 2025

D.Venkatarama Raju vs the Commissioner of Land Administration,

Court : Chennai

Decided on : Mar-06-2025

due to handling lead in the course of his employment. Khuda Bux had applied for compensation under the Workmen's Compensation Act, 1923 before the Commissioner who has dismissed his claim observing that the disease of lead poisoning … of India reported in 2022 SCC OnLine SC1113. The Payment of Gratuity Act, 1972 and the Payment of Gratuity(Amendment) Act, 2009 are the Statutes in the context of which Page Nos.20/32 Independent Schools’ Federation case was rendered. Factual matrix … the amending enactment. 13.This takes us to the Repeal Act wherein the preamble makes it Page Nos.25/32 clear that the Repeal Act has been brought

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Jul 12 2010

Delhi Jal Board Vs. National Campaign Etc. and ors.

Court : Supreme Court of India

Decided on : Jul-12-2010

Subject : Contempt of Court

Acts : Contempt of Courts Act, 1971 - Section 2(b); Constitution (Forty-fourth Amendment) Act, 1978 - Article 38, Clause (1) (2); Amending Act; Constitution (Forty-second Amendment) Act, 1976 - Article 39A(e), 42 ; Constitution Of India - Article 32, 14, 19, 21, 226, 142

shall be paid by the respondents and recoverable from the contractors, if permissible in law, to all the workmen suffering from any occupational disease, ailment or accident in accordance with the provisions of the Workmen's Compensation Act, … in Part-IV in making laws. Article 38, which was renumbered as Clause (1) thereof by the Constitution (Forty-fourth Amendment) Act, 1978 declares that the State shall strive to promote the welfare of the people by securing and protecting … 6 sewage workers had died in Delhi in the month of March 2009 due to inhaling of toxic gasses in the manholes because they did … Courts for ensuring that the goal of justice set out in the preamble to the Constitution of India is fulfilled, at least in some measure,

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Dec 20 2017

Brijesh Kumar Verma vs.aurangjeb & Anr.

Court : Delhi

Decided on : Dec-20-2017

Subject : Land Acquisition

dependants or any of them.‖ (Emphasis supplied) 31.4. WorkmenCompensation Act was again amended in 2009 by Workmen‟s Compensation (Amendment) Act, 2009 with effect from 18th January, 2010 whereby the words ―workman‖ and ―workmen‖, were substituted with the words ―employee‖ … ―20. The Employees‘ State Insurance Act is a beneficial legislation. The main purpose of the enactment as the Preamble suggests, is to provide for certain benefits to employees of a factory in case of sickness, maternity and

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Mar 29 2010

S. Satheeshkumar Vs. the Government of India Rep. by Its Secretary, Mi ...

Court : Chennai

Decided on : Mar-29-2010

Subject : Constitution

Acts : Legal Aid Services Authority Act, 1987 - Sections 2, 6, 7, 7(1), 7(2), 14, 15B, 16 and 16(2); ;Legal Aid Services Authority (Amendemnt) Act, 1995; ;Workmen's Compensation Act, 1923; ;Motor Vehicles Act, 1988; ;Advocates Act, 1961 - Sections 3, 4, 6 and 6(2); ;Constitution of India - Articles 21, 37, 39, 39A, 41, 45 and 46

for initiating legal proceedings before the Malaysian Court or any judicial forum for the purpose of getting full workmen compensation from a Malaysian company.2. The facts leading to the case are as follows:The petitioner was a resident … disabilities.7. It is pursuant to the Constitutional mandate created by the 42nd amendment of the Indian Constitution introducing Article 39-A, the Legal Services Authorities Act, … trial are guaranteed fundamental rights under Article 21 of the Constitution. The preamble to the Constitution of India assures 'justice, social, economic and political'. Article … This writ petition raises an important Constitutional question as to whether an Indian citizen has a right to seek legal assistance from the Government of India for appointment of an Advocate at Malaysia for initiating legal proceedings

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May 14 2012

Hari Krishan and Another Vs. the Management of M/S. Northern Scales Co ...

Court : Delhi

Decided on : May-14-2012

Subject : Labour and Industrial

so, to what relief are they entitled and what directions are necessary in this respect?” 3. The two workmen filed a joint statement of claim challenging their termination to be illegal. The management filed a written statement … respondent-management and he had not abandoned his job and only a lump-sum compensation of Rs. 20,000/- was awarded to him. The petitioner-workman felt that he … in view the goals set out in the preamble of the Constitution and the provisions contained in … Company, had challenged the award dated 04-10-06 in ID Case No. 137/1996 whereby the relief of re-instatement in service with back wages was denied to him by the Labour Court even after coming to the conclusion that … T.K. Bhattacharya: (2002)IILLJ1156SC , this Court has stated that Section 11A as amended in 1971, is couched in wide and comprehensive terms. It vests a … provisions of Section 25-F of the Industrial Disputes Act,1947 and since that is what has been done

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