Court : Chennai
Reported in : AIR1959Mad401; (1959)ILLJ624Mad; (1959)2MLJ545
..... industrial disputes act, and, to enforce their claims they filed petitions before the labour court ..... not less than one year shall be entitled to notice and compensation as if he had been retrenched, unless certain conditions are satisfied. a large number of the employees of the undertaking which the government took over, from the s.a.e.d. co. ltd. considered that they were entitled to retrenchment compensation and certain other benefits referred to in section 25 of the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1966Mad51
..... of the additional commissioner for workmen's compensation, madras, holding that the appellant is liable to pay the employer's special contribution to the employees' state insurance corporation, madras, under s. 73-a of the employees' state insurance act. the appellant contended before the commissioner that the persons employed in his establishment were not workmen as defined by s. 2(9) of the act and that the establishment itself ..... pay to the corporation a special contribution at the rates specified under the section. disputes or questions relating to such contribution under the contemplation of the act are generally to be decided by the employee's insurance court where once exists. in fact, s. 75 specifically says that the employees' insurance court will, among other things, have jurisdiction to decide whether any person is an .....
Tag this Judgment!Court : Chennai
Reported in : AIR1957Mad216; (1957)ILLJ517Mad
..... there is little uniformity in this respect 9. but both under the workmen's compensation act compulsory in character and affording no such option, and in the case of compensation acts which are elective where the employee opts as a term of his contract of employment to come under the workmen's compensation act, 58 american jurisprudence points out, that it may be stated as a general rule that ..... , aside from the exceptions created in a workmen's compensation law itself, its operation is exclusive of all other .....
Tag this Judgment!Court : Chennai
Reported in : II(1989)ACC278; AIR1990Mad192
..... any such employee- (a) engaged in driving the vehicle, or (b) if it is a public service vehicle, engaged as a conductor of the vehicle or in examining tickets on ..... out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923, in respect of the death of or, bodily injury to ..... that the law itself does not require insurance as regards travellers in a goods vehicle and therefore whether the insurance policy is filed or not is immaterial. s. 95 of the motor vehicles act, 1939 deals with the requirement of insurance policies and limits of liability. in this the portion relevant to this case in the proviso in sub-sec .....
Tag this Judgment!Court : Chennai
Reported in : 1999ACJ1313; 1998(2)CTC1; [1999(81)FLR927]; (1998)IIIMLJ275
..... the accident and the employment. except for the similarity in the phrasoalogy in the definition clause in section 2(8) of the employees state insurance act and section 3(1) of the (workmen's compensation act), we find that there is vast difference between the respective scope as also the object of the two legislations, for the ..... of the union government was involved and their lordships of the apex court held that in order to construe the same, the principles enshrined in the workmen's compensation act require to be taken into account and applied. in doing so, the apex court specifically noticed the decisions in saurashtra salt . v. ibrahim mahammed, 1970 ..... 1995, wherein the learned single judge, in the process of confirming the order of the deputy commissioner of labour, coimbatore, exercising the powers under the workmen's compensation act, 1923, held that the accident in question had occurred 'arising out of and in the course of the employment'.2. the appellant-claimant is a permanent .....
Tag this Judgment!Court : Chennai
Reported in : (2004)ILLJ741Mad; (2003)3MLJ712
..... a case which fell within the domain of the workmen's compensation act.4. there was apparently a contract between the appellant and ramu whereby ramu had undertaken the work of painting the house. whether the action of the appellant by engaging a person in this manner makes him employee or a workman of the appellant was a question to ..... to proceed against the dean of the college m it has to be pointed out that the dean may not fall within the four corners of the workmen's compensation act and to bring it within the four corners the workman has to proceed only against the principal employer, namely, the pwd contractor and the immediate employer, the ..... so the immediate employer is the sub contractor and pwd contractor is the principal employer. the expression 'employer' is defined in section 2(e) of the workmen's compensation act, 1923 and it reads thus:-'employer' includes any body of persons whether incorporated or not and any managing agent of an employer and the legal representative of a .....
Tag this Judgment!Court : Chennai
Reported in : (2009)ILLJ181Mad
..... .26. in the decision, premier insurance company limited v. c. thomas and ors. (1983) 2 mlj 552, this court has inter alia observed that 'workmen's compensation act does not lay down that besides employer and employee no other person could be brought before the commissioner to decide the claim and the powers of the commissioner are inherent in some of the provisions of ..... accident that under the statutory cover in section 147(1) proviso (i) (c) as an employee of the owner of the vehicle travelling in the course of employment, the claimant is entitled to compensation under the workmen's compensation act. as a matter of fact, the liability under the workmen's compensation act is absolute and the liability on the basis of the insurance policy becomes incidental, in .....
Tag this Judgment!Court : Chennai
Reported in : I(2003)ACC447; 2003ACJ1021; [2003(96)FLR399]; (2003)ILLJ536Mad; (2002)3MLJ777
..... therein, if ordered by the commissioner to be paid by the insured employers. reason for this conclusion is obvious. as we have noted earlier the liability to pay compensation under the workmen's compensation act gets foisted on the employer provided it is shown that the workman concerned suffered from personal injury, fatal or otherwise, by any motor accident arising out of and in ..... higher rate of interest. the term 'fell due' in sub-section (1) of section 4a is to mean the time when the right to claim compensation accrued due. the employee or his dependents would be gained by means of interest for the amount due as well as the penalty for the delay. as stated earlier, the interest has to ..... be paid to the employee or to his dependent from one month after the date on which it was actually fell due and the penalty amount has to be credited to the account of the .....
Tag this Judgment!Court : Chennai
Reported in : I(2005)ACC275; 2005ACJ630; 2004(5)CTC321; [2005(104)FLR8]; (2005)ILLJ763Mad; (2004)4MLJ680
..... electricity board has filed the above appeal under sec. 30 of the workmen's compensation act, 1923, hereinafter referred to as 'the act', questioning the order of the learned deputy commissioner of labour, salem, made in w.c. no. 141/2003, dated 7.6.2004, fixing the compensation payable to the claimants.2. according to the claimant, one ardhanari, who ..... v. chandrabai, , and (4) the learned judge of the orissa high court in general superintendent, talcher thermal station v. bijuli naik, , held that if an employee sustained injury or death while he was proceeding to work, it should be construed as the accident occurred during the course of employment.12. in view of the well settled ..... principles of law, we are of the opinion that the deputy commissioner of lahour is correct in awarding compensation holding that the death of the employee occurred in the course of employment. hence this appeal is dismissed. no costs. c.m.p.no. 16597/ 2004 is also dismissed.
Tag this Judgment!Court : Chennai
Reported in : [2004(101)FLR1031]; (2004)IILLJ68Mad; (2004)1MLJ277
..... in that case the employer-employee relationship was not established by either of the respondents. in that circumstance, the division bench of kerala high court while allowing the appeal, has observed as follows at p. 265:5. ...... the term employer is defined in section 2(l)(e) of the workmen's compensation act, 1923. there is nothing ..... 12 ft. and sustained injuries in the head. in such circumstances, initially, the parents of the appellant herein filed a petition for compensation under section. 10(1) of the workmen's compensation act. it is to be seen that after appearance, the second respondent filed a counter stating that there was no contract of service between ..... to indicate that the owner of a land is liable as an employer, for any accident that may take place to workman under a contractor, who is allowed to extract rocks on the above said basis. thus it is not possible to uphold the finding of the commissioner that the claimant was an employee .....
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