Judgment Search Results Home > Cases Phrase: employers liability act 1938 Page 1 of about 63,085 results (0.073 seconds)

The Governor-general in Council Vs. Constance Zena Wells

Court : Privy Council

..... employers' liability act, 1938 (hereinafter referred to as the act of 1938 ..... is true that in the british employers' liability act of 1880, on which the act of 1938 was obviously modelled to a considerable ..... (d) of the act of 1938 make the defence of common employment inapplicable in the ..... to a consideration of the second, assuming for the purpose, but without expressing any view on the matter, that the respondent is entitled as against the appellant to rely upon the act of 1938 by way of answer to the plea of common employment. 5. ..... appellant, it was contended that it covered but two-the act or omission of a fellow servant done or made (i) in obedience to any rule or bye-law of the employer; and (ii) in obedience to particular instructions given by a person either by virtue of authority delegated by the employer in that behalf or in the normal performance of such person ..... accident was solely due to the negligence of the driver of the engine on which the deceased was acting as fireman, that the driver and the deceased were in common employment and that defendant was entitled to rely upon the doctrine of common employment as a defence to the suit notwithstanding the provisions of s. ..... (d) covered three categories-the act or omission of a fellow servant done or made (i) in obedience to any rule or bye-law of the employer: (ii) in obedience to particular instructions given by a person to whom the employer has delegated authority in that behalf; and (iii) in the normal performance of his, the .....

Dominion of India Vs. Kaniz Fatma and anr.

Court : Allahabad

Reported in : (1961)IILLJ197All

..... as against the argument of the doctrine of common employment, he has referred to the provisions of section 3(d) of the employers' liability act, 1938, and has contended that this provision has completely abrogated the doctrine of common employment and has now made the employers liable for the acts of omission or commission of a fellow employee of the deceased.7. ..... the learned counsel for the respondent also relied upon clause (3) of section 3 of the employers' liability act of 1938 which lays down:where personal injury is caused to a workman by reason of the negligence of any person in the service of the employer who has any superintendence entrusted to him whilst in the exercise of such superintendence.20. ..... the doctrine of common employment stands abrogated to a very great extent or at least the scope of that doctrine has been limited by the passing of the employers' liability act in 1938 which was again amended in 1951. ..... comparing the provisions of the british employers' liability act of 1880, on which the indian act of 1938 was obviously modelled observed that the words 'or in the normal performance of his duties' in clause (d) did not find a place in the english enactment, and yet their lordships thought that these words were inserted--with the idea of enlarging the class of persons in obedience of whose instructions the fellow-servant has done or made the act or omission causing the injury .....

Om Prakash Baldev Kishan Vs. Union of India and anr.

Court : Delhi

Reported in : 1984(7)DRJ164

..... remain liable for the payment of all wages or other moneys to his work-people or employees under the payment of wages act, 1936, minimum wages act, 1948 employers' liability act, 1938, workman's compensation act, 1923, or any other act or enactments relating thereto and rules framed there under from time to time. ..... period of completion is given in the contract and of which the suspended work forms part but no other claim in this respect for compensation or otherwise, howsoever shall be adm itted,' '26.labour-the contractor shall employ labour in sufficient number to maintain the required rate of progress and of quality to ensure workmanship of the degree required by the specifications and to the satisfaction of the engineer-in-charge. ..... : '1.reimbursement/compensation for infructuous expenditure incurred on account of enforced idleness of staff, shuttering and machinery during suspension of work and also for higher cost incurred in the purchase of material and the employment of labour subsequent, to resumption of work after the period of suspension rs. ..... the proceedings by failing the take into consideration that there was no provision in the contract for escalation of the contract price on account of any increase in wages of labour employed in the work by the contractor or on account of rise in material costs except on account of act of the legislature. ..... (13) clause 9 of the general conditions excluded the liability of the union of india for compensation/damages on account of .....

The Governor General in Council Vs. Constance Zena Wells

Court : Mumbai

Reported in : (1950)52BOMLR448

..... that the accident was solely due to the negligence of the driver of the engine on which the deceased was acting as firemen that the driver and the deceased were in common employment and that defendant was entitled to rely upon the doctrine of common employment as a defence to the suit notwithstanding the provisions of section 5(d) of the indian employers' liability act (xxiv of 1938) 1938, (hereinafter referred to as the act of 1938). ..... it is true that in the british employers' liability act of 1880, on which the act of 1938 was obviously modelled to a considerable extent, section 1(4)-which is the provision corresponding to section q(d) of the indian act-does not contain the words 'or in the normal performance of his duties' or ..... if so, do the provisions of section 3(d) of the act of 1938 make the defence of common employment inapplicable in the present ease? ..... , proceed to a consideration of the second, assuming for the purpose, but without expressing any view on the matter, that the respondent is entitled as against the appellant to rely upon the act of 1938 by way of answer to the plea of common employment.5. ..... the high court, on the other hand, held that paragraph (d) covered three categories-the act or omission of a fellow servant done or made (i) in obedience to any rule or bye-law of the employer; (ii) in obedience to particular instructions given by a person to whom the employer has delegated authority in that behalf; and (hi) in the normal performance of his the fellow .....

Great Northern Railway Co. Vs. Leonidas

Court : US Supreme Court

..... of the federal employers' liability act, providing that an employee of a common carrier shall not be held to have assumed the risks of his employment "in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee," relates to statutes subjecting carriers in interstate commerce to particular obligations for the safety of their employees, such as the safety appliance acts, not to the federal employers' liability act itself. p. ..... " the court ruled that the federal employers' liability act was one intended to promote the safety of employees, and hence that the defense of assumption of risk ..... are not involved, the defense of assumption of risk is available in actions under the federal employers' liability act. ..... set forth two causes of action, but, at the trial, plaintiff elected to stand upon the second cause of action, which was based upon the federal employers' liability act, 45 u.s.c. 51-59. ..... violations are not involved, the defense of assumption of risk is available in actions under the federal employers' liability act. p. ..... the court pointed to the provision ( 54) that an employee of the common carrier shall not be held to have assumed the risks of his employment "in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of ..... october 11, 1938 decided november 7, 1938 305 u.s. ..... 1 (1938) great northern railway ..... (1938) .....

Edwards Vs. Pacific Fruit Express Co.

Court : US Supreme Court

..... equally significant is the fact that, in the years immediately preceding the 1939 amendment to the federal employers' liability act, congress had enacted other major labor and social transportation legislation in which refrigerator car companies were expressly included. ..... in fact, this court pointed out in the robinson case, in discussing the coverage of the federal employers' liability act, that "it was well known that there were on interstate trains page 390 u. s. ..... the question of whether employees shall rely on state compensation or on the federal employers' liability act is a pure question of legislative policy, concerning which apparently even the labor organizations most interested have been divided. ..... yet, in 1939, when it came to the amendment of the federal employers' liability act, congress made no mention of refrigerator car companies. ..... in light of this history, it is not surprising that there are only four reported cases where suits have been filed alleging that refrigerator car companies like respondent are covered by the federal employers' liability act -- all refusing to hold liability under the act. ..... the federal employers' liability act provides that every common carrier by railroad engaged in interstate commerce shall be liable in damages for the injury or death of its employees resulting in whole or in part from the negligence of the railroad or its agents or resulting from ..... (1938). .....

Union of India & Ors. Vs.garg Associates

Court : Delhi

..... xxxxxxx (v) the contractor shall comply with the provisions of the payment of wages act, 1936, minimum wages act, 1948, employees liability act, 1938, workmen s compensation act, 1923, industrial disputes act, 1947, maternity benefits act, 1961, and the contractor s labour (regulation and abolition) act 1970 or the modifications thereof or any other laws relating thereto and the rules made thereunder ..... delhi development authority, 2006(1) arb.lr403(delhi), this court had held that if the delay is attributable to the employer and the machinery is lying idle at the site, it was certainly open for the arbitrator to award damages, the same being separate from any award which may be made under ..... are reproduced herein below:-" clause19b payment of wages: (i) the contractor shall pay to labour employed by him either directly or through sub-contractors, wages not less than fair wages as defined ..... lord mansfield, a famous english judge, once advised a high military officer in jamaica who needed to act as a judge as follows: general, you have a sound head, and a good heart; take courage and you will do very well, in your ..... or as per the provisions of the contract labour (regulation and abolition) act, 1970 and the contract labour (regulation and abolition) central rules, 1971, ..... , cause to be paid fair wage to labour indirectly engaged on the work, including any labour engage by his sub -contractors in connection with the said work, as if the labour had been immediately employed by him. .....

Purushottam Tamrakar Vs. Shankar Lal and ors.

Court : Madhya Pradesh

Reported in : II(2003)ACC281; 2003ACJ2117

..... 1 and 2 has referred to the employees liability act, 1938 and has claimed that the act presupposes the possibility for suit for damages by the workman and merely bars certain defences to be taken by employer which according to him, would mean that the workman could file a suit in the civil court ..... language of the provision is as follows:3(5)-nothing herein contained shall be deemed to confer any right to compensation on a workman in respect of any injury if he has instituted in a civil court a suit for damages in respect of the injury against the employer or any other person; and no suit for damages shall be maintainable by a workman in any court of law in respect of any injury-(a) if he has instituted a claim to compensation in respect of the injury before a commissioner; or(b) if an agreement has been come to ..... the other hand, the appellant has referred to section 19(1) and (2) of the act and has argued that the question of liability of any employer to pay compensation has to be settled by the commissioner and the civil court has no jurisdiction to settle dispute and deal with any question which by or under the act is required to be settled, decided or dealt with by the commissioner. ..... manjeti laxmi kantha rao air 2000 sc 2220 and has argued that the act contains an effective machinery for resolution of the disputes between the workman and the employer and provides for appeal also and thus the same is a complete code on the subject and thus the jurisdiction of the civil court is .....

Federal Employees Vs. Department of Interior

Court : US Supreme Court

..... 125 , 131-132 (1943) (using federal employers' liability act to aid interpretation of fair labor standards act of 1938 even though the two acts were not strictly analogous). ..... therefore, by imposing a duty to bargain over midterm bargaining clauses, the flra is, at the very least, taking the choice of whether to bargain midterm out of a reluctant federal employer's hands, and placing it into the hands of the federal service impasses panel, a result that seems inconsistent with the federal labor statute's goals of promoting "effective and efficient government. ..... representing employees of the united states geological survey, a subagency of the department of the interior (agency), proposed including in the basic labor contract a midterm bargaining provision that said: "the union may request and the employer will be obliged to negotiate [midterm] on any negotiable matters not covered by the provisions of this [basic] agreement. ..... in the nlra context, the union that wants to obtain a midterm modification or supplement from an employer who is dead set against it must pay the price of a strike that is costly to it and its members ..... and it goes on to define "collective bargaining" as involving the meeting of employer and employee representatives "at reasonable times" to "consult" and to "bargain in a good-faith effort to reach agreement with respect to the conditions of employment," incorporating "any collective bargaining agreement reached" as a result of these negotiations in "a written .....

Powell Vs. United States Cartridge Co.

Court : US Supreme Court

..... (a) the congress hereby finds that the fair labor standards act of 1938, as amended, has been interpreted judicially in disregard of long established customs, practices, and contracts between employers and employees, thereby creating wholly unexpected liabilities, immense in amount and retroactive in operation, upon employers, with the results that, if said act as so interpreted or claims arising under such interpretations were permitted to ..... or may arise under the fair labor standards act of 1938, as amended, as aforesaid, may (except as to liability for liquidated damages) arise with respect to the walsh-healey and bacon-davis acts, and that it is therefore in the national public interest and for the general welfare, essential to national defense, and necessary to aid, protect, and foster commerce, that this act shall apply to the walsh-healey act and the bacon-davis ..... the question in each of these cases is whether the fair labor standards act of 1938, as amended, [ footnote 1 ] applies to a person employed, by a private contractor at a government-owned munitions plant operated by the contractor under a cost plus a fixed fee contract made with the ..... clause was amended in 1942 by adding the following: " provided, that the provisions of this subsection (c) shall not apply to any employer who shall have entered into an agreement with his employees pursuant to the provisions of paragraphs 1 or 2 of subsection (b) of section 7 of an act entitled 'fair labor standards act of 1938. .....