Court : Supreme Court of India
Reported in : AIR1966SC616; (1966)ILLJ41SC; 1963MhLJ101(SC); [1966]1SCR764
..... in another form. this argument is fallacious at the very start because lay off and compensation for lay off are to be found only in chapter v-a ..... industrial matter arising between an employer and an employee or between employers or employees and that 'industrial matter* means any matter relating to pay, wages, reward, etc. it is submitted, therefore, that the dispute must come under the c.p. & berar act because of s. 31 of the 1956 (amendment) act and s. 25j of the 1953 (amendment) act already quoted. the argument is the last one .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC743; [1963(7)FLR141]; (1963)IILLJ89SC; [1964]3SCR140
..... under a pre-existing contract, cannot be made under s. 33c(1). if a settlement has been duly reached between the employer and his employees and it falls under s. 18(2) or (3) of the act and is governed by s. 19(2), it would not be open to an employee, notwithstanding the said settlement, to claim the benefit ..... skill for the efficient discharge of his duties, and so, it thought that an extra payment in such cases is necessary by way of recognition of and compensation for this special skill or responsibility. in paragraph 162, the tribunal examined three alternatives suggested for its acceptance for making a provision for some special payment, and ..... it ultimately decided that a special allowance should be paid to those categories of employees who, by their special qualifications or skill, deserve recognition. in paragraph 163, the tribunal observed that the special allowance which it was about to prescribe was .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2006)ACC1; 2006ACJ528; AIR2006SC577; 2006(1)AWC404(SC); 2005(3)BLJR2442; [2006]129CompCas81(SC); 2006(1)CTC222; [2006(2)JCR17(SC)]; JT2005(10)SC440; 2006(1)KarLJ342; (2006)2SCC641
..... of remedies, insofar as the claimant is concerned. in other words, he has to elect whether to make his claim under the motor vehicles act 1988 or under the workmen's compensation act 1923. the emphasis in die section that a claim cannot be made under both the enactments, is a further reiteration of the doctrine of election ..... a claim for compensation under the workmen's compensation act, can be enforced through the authorities under that act, the option in that behalf being with the victim or his representative. but section 167 makes it clear that a claim ..... . the exclusiveness of the jurisdiction of the motor accidents claims tribunal is taken away by section 167 of the motor vehicles act in one instance, when the claim could also fall under the workmen's compensation act, 1923. that section provides that death or bodily injury arising out of a motor accident which may also give rise to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2006)ACC1; 2006ACJ2845; 2006(4)AWC4023(SC); [2006(111)FLR704]; (2007)ILLJ5SC; 2006(9)SCALE675; (2006)11SCC692; 2007(3)ShimLC289
..... . in the process, an accident took place resulting in his death.3. respondent no. 1 filed a claim petition claiming compensation under the workmen's compensation act, 1923 (for short, 'the act') before the commissioner of workmen compensation. she had also filed an application for her employment in the collectorate on compassionate ground. in the said application, apart from ..... accident of the worker is not the result of the employment. whereas on doing the other work on the direction of the senior official if an employee met with an accident then the same would also be considered as the part of the employment.however, on the premise that it was appellant who ..... has entered into a contract of service or apprenticeship, means such other person while the workman is working for him;however, the term 'employee' has not been defined in the act. the definition of employer, therefore, embraces within its fold not only a person who employs another either permanently or on temporary basis but .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(1997)ACC575; 1996ACJ1281; AIR1997SC432; [1996(74)FLR2326]; (1997)2GLR1336; JT1996(8)SC118; 1996(2)KLT799(SC); 1996LabIC2720; (1997)ILLJ34SC; (1997)2MLJ70(SC); 1996(0)MPL
..... case because the employee was not travelling as a passenger in any vehicle owned or operated by or on behalf of the employer or by some other person in pursuance of an arrangement made by the employer.13. the meaning of the words 'in the course of his employment' appearing in section 3(1) of workmen's compensation act, 1923, was ..... in this case, one bus driver of the appellant-corporation after finishing the day's work left for home in a bus belonging to employer's undertaking which met with an accident as a result of which he died. his widow claimed compensation under the workmen's compensation act and the question was whether the accident had arisen out of and in course of ..... to work in south korea on a 365-day basis was drowned while boating on a south korean lake. the deputy workmen's compensation commissioner determined that the, employee's death arose out of and in course of employment so as to entitled his widow and minor child to death benefits. the decision being challenged by a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007ACJ1; AIR2007SC248; [2007(112)FLR203]; JT2007(1)SC15; RLW2007(3)SC2129; 2006(11)SCALE609
..... had occurred while deceased was performing his duties. appellant herein, the mother of deceased filed a claim petition under the workmen's compensation act, 1923 (for short, 'the act') before the commissioner for workmen's compensation which was registered as wca/sr/19/2003. the vehicle being insured with the united india insurance company, it was also impleaded ..... raised a plea of collusion between the employer and appellant in its written statement. it, however, need not be adverted to.4. the commissioner for workmen's compensation raised several issues. the issue with which we are concerned is issue no. 2, which is as under:2. whether the accident occurred during the course ..... there against before the high court by respondent no. 3 under section 30 of the act. the said appeal has been allowed by reason of the impugned judgment. the high court opined that the findings of the workmen's compensation were perverse and inconsistent with the material on record as also bereft of any reason .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(2005)ACC361; 2005ACJ1323; AIR2005SC2337; 2005(5)ALLMR(SC)563; 2005(4)ALT44(SC); 2005(3)AWC2126(SC); 2005(2)BLJR1107; (2006)1CALLT31(SC); [2005]125CompCas86(SC); 2005(3)C
..... injury to, any such employee -(a) engage 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 ..... death, arising 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 (8 of 1923), in respect of the death of, or bodily .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009ACJ1006; AIR2009SC1831; 2009(1)AWC940(SC); JT2009(1)SC461; 2009(4)MhLJ765(SC); (2009)154PLR502; RLW2009(2)SC1576; 2009(1)SCALE598; (2009)2SCC712; 2009(2)SLJ496(SC); 200:2009AIRSCW1430:2009(3)LHSC1930:2009(3)KCCR1857:2009ACJ1006; 2009(1)TNMAC134
..... claimant who had suffered injuries in a motor vehicle accident resulting in amputation of both legs is entitled to 100% compensation in terms of the first schedule appended to the workmen's compensation act, 1923. the amount of compensation which represents the loss of income can be calculated either in terms of the structured formula as contained in the second ..... or business or profession, as the case may be, some cogent and reliable evidence have to be led.15. in this case, respondent was a highly placed employee in a prestigious public sector undertaking. by reason of termination of service, he is not only deprived of his salary but also various other allowances to which ..... considered in the light of the changing societal condition as also the perks which are paid to the employee which may or may not attract income tax or any other tax. what would be 'just compensation' must be determined having regard to the facts and circumstances of each case. the basis for considering the entire pay .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(2006)ACC539; 2006ACJ1699; AIR2006SC1926; [2006]131CompCas250(SC); 2006(3)CTC166; [2006(109)FLR1074]; (2006)3GLR2246; [2006(3)JCR110(SC)]; JT2006(5)SC228; 2006(2)KLT667(S
..... :1. this writ petition is for the purpose of directing insurance company to delete the clause in the insurance policy which provides that in case of compensation under the workmen's compensation act, 1923, the insurance company will not be liable to pay interest. we see no substance in the writ petition. there is no statutory liability on ..... the insurance company. the statutory liability under the workmen's compensation act is on the employer. an insurance is a matter of contract between the insurance company and the insured. it is always open to the insurance company to ..... contract of insurance. by reason of the said contract, the insurer has made itself liable to reimburse the insured if during the period of insurance any employee in his immediate service sustained personal injury by accident or disease arising out of and in the course of employment by the insured in the business where for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(2007)ACC880; AIR2007SC2907; 2007(6)ALD36(SC); 2007(3)ALLMR(SC)352; [2007(113)FLR346]; [2007(3)JCR112(SC)]; JT2007(3)SC556; (2007)2LLJ531SC; RLW2007(3)SC2001; 2007(3)SCAL
..... hyderabad in appeal against order no. 2720 of 2003, holding that no award could be passed against the insurer in the proceeding under the provisions of workmen's compensation act, 1923 ('1923 act', for short).3. before adverting to the question involved in this appeal, we may notice the factual matrix obtaining herein. a tractor bearing no. ap ..... void the exclusion clause concerning liability for interest and penalty imposed on the insured on account of his failure to comply with the requirements of the workmen's compensation act of 1923, the insurer cannot be made liable to the insured for those amounts.thus, if the vehicle is covered by an insurance, the insurer may ..... of employer and employee between them did not arise and in that view of the matter, the deceased was not a 'workman' within the meaning of the provisions of section 2(n) of the 1923 act. despite the fact that no contract of employment was brought on records, the commissioner for workmen's compensation proceeded to calculate .....
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