Court : Madhya Pradesh
Reported in : AIR2007MP247; 2007(1)MPLJ256
..... the lokayukt has placed reliance on the notification issued by the rajpramukh and the provisions of section 1(3) of the act of 1956 and the learned writ court has also held that the office holders and employees of the corporation are not beyond the purview of the definition of public servant defined in the said adhiniyam.13. it ..... crown, or (2) by the authority of parliament, that is to say by or by virtue of statute.shri kelkar also cited a decision in the case of s.s. dhanoa v. municipal corporation, delhi : 1981crilj871 , in which it has been held by the supreme court that there is a distinction between a corporation established by or under ..... v. nihalchand waghajibhai shaha : air1992sc185 , kishorilal v. sales officer, district land development bank 2006 (4) mplj 339 : 2006 air scw 6126 and smt. shiva dubey (jhira) v. s.r. dubey (jhira) 2006 (4) mpht 420.8. per contra, shri k.b. chaturvedi, learned senior advocate appearing for the lokayukt supported the order passed by the lokayukt and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(2)MPHT193
..... in case where reservation for s.c. and s.t. combined together is 50% or less, 25% of the seats shall be reserved for obc. it is respectfully ..... in excess of 50% for election to co-operative societies under the m.p. co-operative societies act. the said decision of the division bench of this court has been up-held by the supreme court by rejecting s.l.p. by a reasoned order (s.l.p. (c) no. 6168 of 1997) dated 25-3-98. it is submitted that the supreme ..... . which clearly demonstrates that the reservation for s.c. and s.t. is not excessive as alleged by the petitioners and in fact combined reservation for the 2 categories comes to only about 43%. as far as reservation for obcs is concerned, the relevant provision of the state act namely sections 13 (4) (2), 23 (3) (2) and 30 (3) (2) provide that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006ACJ927; [2005(104)FLR618]; 2005(1)MPHT42; 2004(4)MPLJ340
..... 's compensation act, 1923 (hereinafter to be referred to as 'the act') by the employers against the award by which they have been directed to pay an amount of rs. 2,21,619/- as compensation with penalty at the rate of 6% per annum and interest at the rate 25% per annum.2. it is not in dispute that gajanan wadnekar was an employee ..... is no discussion how the amount has been awarded as compensation. it was necessary for the commissioner, workmen's compensation to give the basis for awarding the amount of rs. 2,21,619/- as compensation. it is note-worthy that the accident took place on 12-9-1995 and section 4 of the act has been amended with effect from 15-9-1995. this ..... has been done by act no. 30 of 1995. by this amendment .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004ACJ2134; [2004(102)FLR927]; (2004)IIILLJ250MP; 2004(3)MPHT7; 2004(2)MPLJ445
..... bare mechanical interpretation of the words and application of the legislative intent devoid of concept of purpose and object will render the legislature inane......'6. workmen's compensation act is a beneficial piece of legislation in the field of labour laws enacted with a view to protect the interest of the workmen and to provide expeditious ..... qua insurer but in the name of the insured and in his place. an appeal preferred on such grounds, if successful, will jeopardise the employee's right to recover the compensation from the employer also. what the insurer seeks in such an appeal is that the insured may be found to be not liable to pay ..... to construction is the composite perception of the deha and dehi of the provision.......'8. the apex court while interpreting the provisions of employees' state insurance act, in transport corporation of india v. employees' state insurance corporation and anr., (air 2000 sc 238), observed in para 24 that :--'before parting with the discussion on this .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1986]60CompCas930(MP); [1985(51)FLR121]; 1985MPLJ114
..... under the proviso to section 95(1)(b) of the motor vehicles act. the liability is accident liability covered by insurance being also a liability under the workmen's compensation act which has, therefore, to be determined only under the provisions of the workmen's compensation act under the scheme of statutory insurance, the employee's remedy is not made to depend on the financial capacity of his employer ..... , but the insurance company would have the duty under section 96 (1) of the motor vehicles act to satisfy such a judgment, that is to say, the adjudication by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002ACJ299; [2000(86)FLR943]; (2001)IIILLJ102MP; 2000(4)MPHT142; 2000(2)MPLJ565
..... order dated march 17, 1999 in case no. 45/wca/ss(f), whereby the application under section 10 of the workmen's compensation act, 1923 (hereinafter referred to as 'act' for short) read with rule 12 of workmen's compensation (m.p.) rules, 1962 (hereinafter referred to as the 'rules' for short), was dismissed by the commissioner for workmen ..... 's compensation, bilaspur (hereinafter referred to as 'commissioner' for short), stating that the applicant the principal should recover the amount of compensation etc., paid by ..... to such person in form k. (2) if any person served with a notice under rule (1) desires to contest the applicant's claim for compensation, or the opposite party's claim to be indemnified, he shall appear before the commissioner on the date fixed for the hearing of the case or on any date .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1996)IILLJ498MP
..... unsuccessful appellants has filed this miscellaneous appeal under section 30 of the workmen's compensation act, 1923 (for short 'the act') against the order dated may 28, 1993 passed by the commissioner for workmen's compensation (labour court), indore in case no. 24/88 thereby directing the appellant to deposit the amount of compensation of rs.62, 107 together with interest @ 12% per annum from april 19 ..... on duty on the bus bearing registration no. cpo-9034. while taking the bus from barwani to indore, an accident occurred in the night at 1.00 a.m. the employee pratap suffered injuries in this accident and later succumbed to death. vestibai, widow of the deceased and kumari padma, the daughter of the deceased pratap, filed an application before the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP281; (1959)IILLJ65MP
..... death of kalu, who was suffering from heart disease, was caused by an accident. it is well established that the word 'accident' in section 3(1) of the workmen's compensation act, 1923, has been used in the popular and ordinary sense and means 'mishap' or 'untoward event not expected or designed'. if the injury or death from the point of ..... he also gave no details as to the position, manner and place where according to him kalu fell down after receiving the alleged shock. the commissioner for workmen's compensation found bodya's evidence difficult of acceptance when he admitted that though he was not very far from kalu, when he fell down, he did not rush and go near him to ..... the workman and his death was thus not prated in the calcutta case. 10. for all these reasons, i am of the opinion that the learned commissioner for workmen's compensation was right in rejecting the appellant's claim for compensation. in the circumstances of the case, i would make no order as to costs of this appeal. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000ACJ203; (2000)ILLJ919MP
..... and penalty directed to be paid in addition to the compensation under section 4a(3) of the workmen's compensation act. a reading of sub-section (3) of section 4a shows that it is a beneficial provision made for the benefit of the employee having regard to the scheme of the act, the provision for payment of interest and of penalty ..... have been enacted with a view to deter the employer from taking false plea and avoiding payment of compensation ..... the principal. the deceased aged 22 years was getting rs. 40 per day, monthly rs. 1200/- therefore, as provided by section 4 of the workmen's compensation act, calculated the compensation as rs. 1,06,257.60, the commissioner also directed the payment of compound interest at the rate of 6 per cent per annum on the amount .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990ACJ299; AIR1990MP87; 1989MPLJ690
..... goods vehicle, a limit of fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923 (8 of 1923) in respect of the death of or bodily injury to, employees (other than the driver, not exceeding six in number being carried in the vehicle.'although the oriental fire and general insurance ..... matter, we need not consider the arguments advanced on behalf of the claimants that the deceased was not a 'workman' and, therefore, the provisions of the workmen's compensation act are not attracted in the present case.8. we now proceed to examine whether both, i.e., the driver of the dumper and the cyclist, viz., ..... non obstante clause with which this section begins clearly indicates that the provisions have to be given effect to notwithstanding anything contained under the provisions of workmen's compensation act. the bar created is to the making of the claim irrespective of the person or persons who are sought to be made liable. the plain terms of .....
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