Court : Orissa
Reported in : 109(2010)CLT7
..... stated that the petitioners are not entitled to the same because in terms of the direction of this court the registrar of co-operative societies had already taken a decision under section 30 of the orissa co-operative societies act, 1962 to give revised scale of pay with effect from 1.1.1999 since the spinning mills had no capacity to pay revised pay to their employees with effect from 1.7.1990 & the decision of the registrar had already ..... , the conditions stipulated in the voluntary retirement scheme, for which the employer of the petitioners is not releasing in their favour the benefits provided in the voluntary retirement scheme, which are the legitimate claim of the petitioners towards their unpaid arrear salary & other statutory benefits as mentioned ..... apart from the fact that the government in its capacity as a model employer cannot be permitted to raise such an argument, the undertaking which is said to constitute an agreement between the parties cannot be enforced at ..... who represents the spinning mills which is an instrumentality of the state, cannot be absolved from the liability of payment of the dues to the employees as per the scheme. ..... director of spinfed by letter dated 5.12.2001 indicating therein that the eligible employees would continue in employment till the disbursement of their final dues. ..... cannot just shift the liability on the spinning mills & leave the employees like the petitioner, who have retired since long, high & ..... it appears, it is the liability of o.p. no. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1987Ori217; 63(1987)CLT54
..... the mere fact that the act complained of was committed by a public servant in the course of his employment is not enough to absolve the government of the liability for damages for injury caused by such act.to make the matter more clear, i may give some illustrations of the acts and functions which can be said to be in exercise of ..... conferred on the specified officers by statute and in the last analysis, they are powers which can be properly characterised as sovereign powers; and so the act which gave rise to the present claim for damages had been committed by the employee of the state during the course of his employment; but the employment in question being of the category which can claim the special characteristic of sovereign power, the claim could not be sustained. ..... held that the mere fact that the truck happened to be an army truck and the driver was a military employee cannot make any difference to the liability of the government for damages for the tortious acts of the driver as such things could be obviously done by a private person also.in surjit singh bhatia v. ..... pleads immunity against the claim for damages resulting from injury caused by the negligent act of its servants, the area of employment referable to sovereign power must be strictly determined before such a plea is upheld. ..... sustain the plea, it has to be found out that the impugned act was committed in course of an undertaking or an employment which is referable to the exercise of the delegated sovereign powers.8. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1991Ori197; 71(1991)CLT612; 1991(I)OLR103
..... or in exercise of the sovereign powers delegated to such public servants; (4) the mere fact that the act complained of was committed by a public servant in course of his employment is not enough to absolve the government of the liability for damages for injury caused by such act; (5) when the state pleads immunity against claim for damages resulting from negligent act of its servants, the area of employment referable to sovereign powers must be strictly determined, and it has to be found by the court that ..... the impugned act was committed in the course of an undertaking or an employment which is referable to the exercise of the delegated sovereign .....
Tag this Judgment!Court : Orissa
Reported in : [1992]195ITR539(Orissa)
..... statutory conditions which are to be fulfilled before entitlement to the benefits prescribed therein are to be available to the amalgamated company, namely--(i) the amalgamating company was, immediately before such amalgamation, financially non-viable by reason of its liabilities, losses and other relevant factors ; (ii) the amalgamation is in the public interest ; and (iii) such other conditions as the central government may, by notification in the official gazette, specify, to ensure that the benefit ..... the central government, on the recommendation of the specified authority, is satisfied that the following conditions are fulfilled, namely :-- (a) the amalgamating company was not, immediately before such amalgamation, financially viable by reason of its liabilities, losses and other relevant factors,(b) the amalgamation was in the public interest ; and(c) such other conditions as the central government may, by notification in the official gazette, specify, to ensure that the benefit under this ..... the sick industrial unit; formulation of a satisfactory programme for the rehabilitation or revival of the business of the sick industrial unit taking into account protection of the interests of the workers employed by the amalgamating company ; registration under the monopolies and restrictive trade practices act; the industrial policy in general and in particular the category of industry to which the sick industry belongs ; the basic viability of the sick unit ; need of tax benefit for .....
Tag this Judgment!Court : Orissa
Reported in : 2008ACJ2122; 104(2007)CLT349; [2007(115)FLR263]
..... 3, owner of the vehicle appeared before the learned commissioner and filed a written statement admitting employment of deceased-sukadev sahoo as the driver and also admitting that the death of deceased was due to the accident, but disowned his liability on the ground that his vehicle had been validly insured under the appellant-insurance company and under the indemnity clause of the policy, the present appellant-company is liable to pay ..... , pravided that the person driving holds or had held and has not been disqualified from holding an effective driving licence with all the required endorsements thereon as per the motor vehicles act, 1988....the defence of the insurance company is obviously based upon the provisions contained in section 149(2)(a)(ii). ..... insurance company limited herein has sought to challenge the award judgment dated 9.11.2001 passed by the commissioner under workmen's compensation act-cum-assistant labour commissioner, dhenkanal, angul (hereinafter referred to as the 'commissioner') in w.c. ..... the provisions contained in section 149(2)(a)(ii) of the motor vehicles act, 1988, only enable the insurance company to take up such defenses, provided that such conditions have ..... section 149 of the motor vehicles act only contemplates restrictions, which can be imposed by the insurance company by incorporating the conditions in ..... section 149 of the motor vehicles act only contemplates restrictions, which can be imposed by the insurance company by incorporating the conditions in .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT763; (2008)ILLJ452Ori
..... legal position which has been developed by several judgments of the hon'ble supreme court, even on those facts no case of regularization of workers is made out inasmuch as those workers were never employed by the ppt and there is no relationship of employer and the employees between those workers and the ppt, they have no attendence register and the ppt has no disciplinary control over them.8. ..... has all the constitutional liability of working as a model employer and ppt has ..... there is no question of any back door entry and not following the constitutional scheme in pursuing a reference under industrial disputes act in which on a contested hearing an award in favour of the workers has been given by the tribunal and which has been affirmed by the ..... in the instant case, the admitted factual position is that on a reference under industrial disputes act by the central government, the industrial tribunal, after considering the facts of the case and the materials on record, gave an award in favour of the claim ..... before the tribunal a case of unfair labour practice has been made out against the appellant, if we consider the provisions of item 10 of the 5th schedule of the industrial disputes act, 1947. ..... discussed the consequences of a notification under section 10 of the contract labour (regulation and abolition) act, 1970. ..... that the jurisdiction under article 226 is not the same as that of adjudicatory authority which is vested in a tribunal on a reference under section 10 of the act. .....
Tag this Judgment!Court : Orissa
Reported in : 96(2003)CLT126
..... the proviso to sub-section (4) as well as the language employed in sub-section (5) would indicate that they are intended to safeguard the interest of an insurer who otherwise has no liability to pay any amount to the insured but for the provisions contained in chapter xi of the act. ..... showing that it contains a purported order of a statutory authority would ever remain counterfeit about the fact that other persons including some statutory authorities would have acted on the document knowingly on the assumption that it is genuine.the observation of the division bench of the punjab and haryana high court in national insurance ..... since the two deceased persons sustained injuries in an accident in course of their employment and subsequently succumbed to the injuries, the claimants filed claim applications before the commissioner for workmen's compensation-cum ..... while deciding the issue with regard to the liability of the insured and the insurer, it will be open to both parties to file fresh documents and adduce oral ..... of the settled position of law as decided in the aforesaid judgment, there was no option left with the court than to send it back to the court of the commissioner of workmen's compensation to adjudicate the liability between the insured and the insurer.8. ..... the analysis of the evidence adduced before the workmen's compensation commissioner and we need not go into that question regarding status of the deceased persons and that they died in course of their employment once again,6. .....
Tag this Judgment!Court : Orissa
Reported in : IV(2006)ACC743; 2007ACJ164; [2006(110)FLR119]; [2006(4)JCR491]; 2006(I)OLR715
..... shall not be liable to indemnify the insured and that in a given situation the accident claims tribunal having regard to its rights and liabilities vis-a-vis the third person may direct the insurance company to meet the liabilities of the insurer permitting it to recover the same from the insured and that the 1923 act does not envisage such a situation, we are of the view that the decision rendered in the case of oriental insurance co. ..... the apex court under such circumstances observed and held as follows:section 143 of the 1988 act limits its applicability to the 1923 act in a case whether the liability arises despite of the fact that the accident might have taken place without any fault on the part of the driver of the vehicle or others in control thereof. ..... before the commissioner for workmen's compensation the owner of the vehicle filed written statement admitting employment of the deceased under him as a driver in the aforesaid vehicle, the accident and the resultant injuries as well as death arising out of the accident. ..... both of them having sustained injury in the accident in course of employment the claim applications were filed before the commissioner for workmen's compensation, cuttack. .....
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT700
..... 2) has filed his written statement disputing all the facts including the employment, age and wages of the deceased as well as the liability for payment of compensation. ..... the case of the respondent no, 5 (owner } is that the deceased was a driver at the relevant time under his employment and also admitted the accident but disputed all other averments including the monthly wages of the deceased.4. ..... the present case being filed by the father, mother and unmarried sisters, they come within the purview of section 2(1)(d)(iii)(b) & (d) of the act if they are wholly or in part dependant on the earning of the workman at the time of his death. ..... dutta, learned counsel for the insurance company has urged that under section 22 of the workmen's compensation act where an accident occurred in respect of which liability to pay compensation arises, a claim for such compensation is subject to provision of the act. ..... this is an appeal under section 30(1) of the workmen's compensation act, 1923 (for short 'the act') against the award and judgment dated 30.4.2001 passed by the assistant labour commissioner-cum-commissioner for workmen's compensation, bhubaneswar in w. c. ..... , form-ii disclosing therein that the deceased was working as a driver in his truck and he died during the course of his employment in an accident. ..... he further submits that section 2(1)(d) of the act defines the types of dependants. .....
Tag this Judgment!Court : Orissa
Reported in : 98(2004)CLT46; [2004(102)FLR705]; (2004)IIILLJ437Ori
..... (central) rules, i find that the respondent was an 'employee' on the date of accident, as defined in the act and the appellant-corporation cannot escape its liability under the act benignius leges interpretandae sunt quo voluntas earun conservatur. ..... it is seen that the purpose, object and policy of the statute are that the victims of accidents during the course of employment should be able to secure compensation by the speedier remedy before the tribunal. ..... wages in or in connection with the works of a factory or establishment to which this act applies and : *** *** ***(iii)(b) any person so employed whose wages (excluding remuneration for overtime work) exceed such wages as may be prescribed by the central government:provided that an employee whose wages (excluding remuneration for overtime work) exceed such wages as may be prescribed by ..... court passed in appeals under section 54-a(2) of the act where the percentage of the disablement suffered by the employee, due to the accident in course of employment, as determined by the medical appeal tribunal, was under challenge.7 ..... court under section 54-a of the act read with rule 20(b) of the employees state insurance (central) rules, 1950, solely on the ground that the alleged injury of the respondent is not an 'employment injury' as defined under section 2(8) of the e.s.i ..... respondent was an employee under the orient paper mills, brajarajnagar and in course of his employment he sustained injuries on 8.8.1991 causing fracture of his arms. .....
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