Court : Supreme Court of India
Reported in : AIR1981SC124; (1980)4SCC570; [1981]1SCR406
..... government including royalty and dead rent, (b) all amounts due in respect of any compensation or liability for compensation under the workmen's compensation act, 1923 etc., (c) all sums deducted by the employer from the salary or wages of any workman or any other employee for credit to any provident fund, or any other fund established for the welfare ..... of the employees, but not deposited to the credit of such fund. sub-section (3) of ..... may 1, 1973, there was a fictional extension of the period of management under the management act from may 1 to may 30, 1973. there is, therefore, provision made in section 9 that apart from the amount of compensation provided for by section 8, as mentioned in the schedule, the owners of every coal mine .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(2003)ACC706; 2003ACJ1550; AIR2003SC2877; 2003(4)AWC2792(SC); 2003(3)BLJR2413; [2003]116CompCas643(SC); 2003(3)CTC380; [2003(4)JCR193(SC)]; JT2003(6)SC97; (2003)IIILLJ740
..... liability in respect of the death arising out of and in the course of any employment of the person insured arises under the workmen's compensation act, 1923 and second: if the employee is engaged in driving the vehicle and if it is a public service vehicle, is engaged as conductor of the vehicle or in ..... had occurred during the period of insurance, the insurance company was liable to pay the compensation on account of the death of the employee. the respondent was, therefore, directed to deposit the compensation determined under the provisions of the workmen's compensation act, 1923. 3. the decision was challenged by the respondent before the high court at patna ..... . [see: new india insurance co. ltd. v. j.m. jaya; collinvaux's: law of insurance (7th edition) p. 93-94].15. consequently, although the appellant's claim under the insurance policy arose under the workmen's compensation act, since the concerned employee was not engaged in the capacity of driver in respect of whom alone premium was .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(2002)ACC460; 2002ACJ1441; AIR2002SC2607; 2002(4)ALD118(SC); 2002(4)ALLMR(SC)886; 2002(4)AWC2410(SC); 98(2002)DLT410(SC); (2002)4GLR2900; JT2002(5)SC74; (2002)3PLR281; RL
..... case may be.explanation.-for the purposes of this sub-section 'permanent disability' shall have the same meaning and extent as in the workmen's compensation act, 1923 (8 of the 1923).(2) in any claim for compensation under sub-section (1) the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which ..... that which would have come to the claimant even otherwise, could not be construed to be the 'pecuniary advantage', liable for deduction. however, where the employer insures his employee, a against injury or death arising out of an accident, any amount received out of such insurance on the happening of such incident may be an amount liable for ..... section 95. under it the liability of the insurer is excluded in respect of injury or death, arising out of and in the course of employment of an employee.'the court has observed in the last part of the para 34:-'how can an amount of loss and gains of all one contract be made applicable to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2002)ACC17; 2002ACJ17; AIR2002SC33; 2002(1)ALD18(SC); [2002(92)FLR175]; [2002(1)JCR316(SC)]; JT2001(10)SC309; 2002LabIC106; (2002)ILLJ465SC; (2002)1PLR289; 2001(7)SCALE61
..... life.4. he filed a petition before the commissioner for workmen's compensation, yamuna nagar (haryana) on 6.2.1997, claiming compensation of rs. 5 lakhs plus medical expenses of rs. 2 lakhs, in accordance with the provisions of the workmen's compensation act, 1923, (for short 'the act').5. the respondent in his written statement repudiated all the ..... as described by the appellant had happened nor had the appellant sustained any injury whatsoever.6. while the claim petition was pending before the commissioner for workmen's compensation (for short 'the commissioner') an application dated 12.3.1999 was filed in which it was stated, inter alia, that appellant and respondent had entered ..... the order.9. the commissioner thereupon passed an order on 11.10.1999, after referring to section 17 of the act which declares any agreement (by which a workman relinquishes any right to get compensation from the employer for personal injury) as null and void. the operative portion of the order so passed by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2003)ACC214; 2003ACJ468; AIR2003SC1009; 2003(2)ALD133(SC); 2003(2)ALLMR(SC)316; 2003(5)ALT6(SC); [2003]113CompCas532(SC); (2003)2GLR1608; JT2003(1)SC372; 2003(1)KLT583(SC
..... vehicle'. the proviso makes it further clear that compulsory coverage in respect of drivers and conductors of public service vehicle and employees carried in goods vehicle would be limited to liability under the workmen's compensation act, 1923 (in short 'wc act'). there is no reference to any passenger in 'goods carriage'.12. the (sic) conclusion, therefore, is that provisions ..... of or bodily injury to, any such employee' (a) engaged in driving the vehicle, or (b) if it is a public service vehicle engaged as conductor of the vehicle ..... of and in the course of his employment of the employee of a person insured by the policy or in respect of bodily injure 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. 1993 (8 of 1923) in respect of the death .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2010]153CompCas497(SC); JT2009(3)SC216; 2009(3)SCALE451; (2009)4SCC94; (2009)12VatReporter137; (2009)21VST505(SC); JT2009(1)SC216
..... 2) of the mines and minerals (development and regulation) act, 1957, section 30 of the gift- tax act, and section 529a of the companies act, 1956 would have been incorporated in the drt act and securitisation act. undisputedly, the two enactments do not contain provision similar to workmen's compensation act, etc. in the absence of any specific provision to ..... bank v. canara bank and anr. (supra), a two-judge bench recognized the priority of workers dues under section 529a of the companies act over other debts. in recovery officer, employees provident fund v. kerala financial corporation ilr (2002) ker 4, a division bench of kerala high court considered the primacy of first charge ..... enforcing the statutory charge. regarding the contention raised by senior counsel sri n.n. sugunapalan we are of the view, if any amount is due towards employees provident fund those matters could be taken up before the state government. the power under section 11(2) would not annul the statutory charge of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC881; (1958)IILLJ249SC
..... of the drowned workmen. it is also unnecessary to consider whether the workmen were on temporary employment as they were workmen within the definition of the 'workman' in the workmen's compensation act.7. as a rule, the employment of a workman does not commence until he has reached the place of employment and does not continue when he has left the place ..... the result of the accident some of the workmen were drowned resulting in 7 cases for compensation being filed under the workmen's compensation act. of these, one was dismissed and compensation was awarded to the dependants of the drowned workmen in the other cases.5. the commissioner for workmen's compensation found that the accident arose out of and in the course of the employment of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC174; (1981)ILLJ164SC; 1980Supp(1)SCC334; 1980(12)LC811(SC)
..... this approach is destructive of the purpose which corporation was set up. what then is the difference between a private employer who was liable for compensation coder workman's compensation act and a public sector corporation set up to replace the private employer for providing the much needed medical relief ! in fact such an approach needs ..... according to the respondent was not correct with the result that the respondent approached the court set up under the act styled as employees insurance court for assessing his loss. the court under the act after hearing both the sides and taking evidence of experts adjudicated the loss of earning capacity suffered by the ..... few facts may be stated. the respondent work-man was employed in m/s. elgin mills no. 1 an industrial undertaking to which the provisions of the employees state insurance act, 1948 (act for short) apply. petitioner corporation was set up to implement the act amongst: various objects for which the corporation was set up, the principal .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008ACJ581; AIR2008SC767; 2008(1)ALLMR(SC)968; 2008(1)ALT38(SC); 2008(1)KLT296(SC); (2008)2MLJ575(SC); (2008)149PLR775; RLW2008(2)SC1354; 2007(14)SCALE257; (2008)2SCC595; (2008)1SCC(Cri)517; 2008(1)LH(SC)64; 2008(4)LH(SC)2402; ILR2008(2)Kar1397; 2008(2)KCCR598; 2008(1)AIRKarR485
..... 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.26. we are not oblivious of the distinction between the statutory ..... for interest or penalty has to be given effect to. unlike the scheme of the motor vehicles act the workmen's compensation act does not confer a right on the claimant for compensation under that act to claim the payment of compensation in its entirety from the insurer himself.it was further observed:the law relating to contracts of ..... a manner so as to bring within its ambit a benefit which was not contemplated by the legislature to be given to the party. in regional director, employees' state insurance corporation, trichur v. ramanuja match industries : (1985)illj69sc , this court held:we do not doubt that beneficial legislations should have liberal construction .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008ACJ1700; AIR2008SC2143; [2008(118)FLR1104]; JT2008(5)SC443; (2008)IIILLJ599SC; (2008)5MysLJ(SC)474; (2008)151PLR422; 2008(6)SCALE428; 2008AIRSCW3151; 2008(3)CivilLJ838; 2008-III-LLJ-599; 2008LabIC2347; 2008(3)Supreme237;
s.b. sinha, j.1. leave granted.2. whether a casual employee who was appointed for a limited period to carry out repairing job in a building would be a'workman' within the meaning of the provisions of section 2(n) of the workmen compensation act, 1923 (the act) is the core question involved herein.3. appellant is the owner ..... of a residential building. it is situated by the side of an industrial establishment known as m/s. chandrika textiles. 4. on or about 30th june, 1996, the predecessor- ..... working for sometime with the appellant for carrying out repair works. it was furthermore urged that a casual employee would not be a 'workman' within the meaning of the provisions of the said act. 6. the workmen compensation commissioner framed several issues; principal amongst them were:1. whether the deceased ram lal was employed as workman .....
Tag this Judgment!