Court : Delhi
Reported in : 163(2009)DLT634; (2010)157PLR18
..... 2006 supreme court 2830, it was observed that;if the workman dies as natural result of the disease which he was suffering or while suffering from a particular disease he dies of that disease as a result of wear and tear, of the employment no liability would be fixed upon the employer. ..... employers's liability for compensation. ..... thus, it is well settled that mere death in ordinary course by some bodily ailment or event in 'course of employment', cannot attract liability of the employer, under section 3 of the act. ..... reba rani mazumdar : ii (2003) acc 587 (db), it was held;it is well settled that mere death in ordinary course by some bodily ailment or event in course of employment cannot attract liability of the employer under section 3 of the act. ..... it is contended by learned counsel for appellant that provisions of workmen's compensation act (for short as 'act') are not applicable, as the employment of deceased was to be governed by libyan laws and in terms of the emigration act, 1983, appellant was never the employer of the deceased. ..... however, as there is no evidence to show that deceased died due to fall from a crane, and as cause of death has been shown as 'cardiac respiratory failure', so there is no nexus between the 'cause of death' and 'nature of employment of deceased'.under these circumstances, provisions of section 3 of the act are not applicable to the present case. .....
Tag this Judgment!Court : Kerala
Reported in : [1979]116ITR733(Ker)
..... it was urged by counsel appearing on behalf of the revenue that since the assessee-company had been in existence only for about two years preceding the accounting year it could possibly have no liability at all to pay gratuity under section 4 of the act to any employee during the relevant period since the company could not have any employees working under it who had completed a minimum period of five years of continuous service. ..... obviously, the intention was that the three factories were to be taken over by the assessee as running concerns with all the existing rights and liabilities and that the workmen employed in the factories were to be retained in service on the same terms and conditions treating their service as continuous and uninterrupted. ..... the tribunal agreed with the aac's view that even though the assessee is not the owner of the factory building and premises, it had the liability to pay gratuity to the employees under section 4 of the act on the basis of the total length of service put in by the employees in the respective factories both prior to and after the date of the agreement evidenced by annexure 'a'. ..... the tribunal was, therefore, perfectly right in holding that the liability created by section 4 of the act for the payment of gratuity to the workmen employed in the three factories was on the assessee-company during the accounting year and that the assessee was, therefore, justified in making provision for the said liability.6. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1973Guj216
..... at page 760 the learned judge evolved the test of 'genuine representative capacity' which is generally accepted for invoking vicarious liability agent on the ground that the act is done 'for and on behalf of' the principal, although it is not the same thing that it is for the principal's benefit or at his request. ..... while considering the course of employment of the servant and the scope of agency of the agent in the contest of the delegation of this task of duty driving both the scope of employment and the terms 'agent' are widely construed so that the vicarious liability is fastened when ever it is just to do so. ..... even looking at the matter by giving wider interpretation to the terms 'scope of employment' and 'scope of agency' their lordship did not approve the tension of this principle where the act of the servant or avent was merely forth master's benefit, for the act must be done only in the course of employment or in the scope of agent's authority. ..... their lordship pointed out that it is equally well settled that if the servant at the time of the , accident, is not acting with-in the course of his employment but is doing something for himself, the master is not liable. ..... santnuprasad, air 1966 sc 1697, their lordships have sleeted the law in this connection by pointing out that a master is vicariously liable for the acts of the servant acting in the course of him employment. .....
Tag this Judgment!Court : Chennai
Reported in : 2004(2)CTC326; (2004)IILLJ577Mad
..... the learned district judge, pondicherry, in paragraph 13 of his judgment, has opined that section 2(12) of the said act does not express or indicate that the employer has a statutory liability to seek coverage once the definition of factory is satisfied by its establishment. ..... they have also contended that section 2(12) of the said act imposes a liability on the employer to seek coverage once the facts within his knowledge are to the effect of attracting ..... further held as follows :'...since it is a well accepted principle of law that there can be no estoppel against statute and the statutory liability cannot be avoided on account of ipsi-dixit act of any individual officer, who cannot either exempt an establishment from the payment of the statutory duty or waive the same. ..... is futile on the part of the respondent to contend as if section 2(12) of the said act does not expressly indicate that the employer has a a statutory liability to seek coverage. ..... reliance of the lower court on section 2(12) of the employees' state insurance act as regards the statutory obligation of the employer to seek coverage can be sustained in law? ii. ..... the employees state insurance act, 1948 does not provide for a period of limitation for recovery of the amount due from a defaulting employer, and the only period of limitation prescribed is in section 77 and that applied only to the filing of an application before the employees state insurance court under section 75, and in the present case, it was the .....
Tag this Judgment!Court : Mumbai
Reported in : 1Ind.Cas.102
..... the knowledge of this responsibility which is attached to the occupier, is very material in considering any defence which an occupier might make under section 17 of the act, on the ground that he has discharged his liability by proving that the failure to enter the children in the register was due to the act of some other person without his knowledge or consent.9. ..... he had that definition in mind, it is probable he would have arrived at the conclusion that the two children with whom we are concerned in this case were unquestionably employed in the factory and that is the conclusion at which i have arrived. ..... there is no finding in the judgment of the magistrate from which we can infer that the magistrate was of opinion that the boys were employed unregistered without the knowledge or consent of the occupant. ..... but the definition of the word 'employed' given in section 2 of the act is wide enough to embrace it.6 ..... here the indian factories act imposed upon the occupier the duty of seeing that boys under fourteen were not employed in his factory unregistered ..... seems to me that the magistrate in disposing of this case has overlooked the definition of the work 'employed' given in section 2 of the factories act, xv of 1881. ..... appears to me that the provisions in question throw upon the occupier the responsibility as regards the employment of boys under fourteen unregistered, and that prima facie it was the duty of the occupier to see that such boys were not employed in the factory unregistered. .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)81BOMLR82; 1978MhLJ199
..... the same is as follows:the following persons are workmen within the meaning of section 2(1)(n) and subject to the provisions of that section, that is to say, any person who is -(i) employed, otherwise than in a clerical capacity or on a railway, in, connection with the operation or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the loading and unloading, of any such ..... we however note that there is no dispute about the primary facts in this case, it is thus not in dispute that the deceased was employed in the appellant's depot as a district bus starter and that the death took place during his hours of duty from 5-45 a.m. to 2-25 ..... death in ordinary course by some bodily ailment or even in the course of employment cannot attract liability of the employer under section 3. ..... in the said case, the learned judges drew an inference of an injury in the course of his employment, from the fact that the deceased had worked as weaver in the heat during the month of june in ahmedabad, which could put strain on the heart of the deceased ..... (italics ours).it will be thus seen that the connection of one's employment, (1) with the operation of a vehicle or with the (2) the loading or unloading of any such vehicle, makes such an employee a workman within the meaning of ..... the words 'injury' and 'accident' in section 3 of the act imply the existence of some external factor to cause death apart from internal ailment of ..... air[1938] mad .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR802; 2007(5)BomCR118; (2007)109BOMLR1233; 2007(4)MhLj811
..... the case of raju shetty (supra) a three-judge bench of the apex court held that the payment of education cess under the maharashtra education (cess) act, 1962 is the liability of the landlord to pay annually but the landlord has a right to recover the amount so paid from his tenant in addition to the standard rent and ..... deed contained a provision for payment of the rates and taxes exclusively by the lessee and it is also stipulated that the lessor will have no liability therefor, the lease will still be governed under section 12(3)(a) of the bombay rent act and the statutory payments like education cess and the employment guarantee cess would fall within the ambit of 'permitted increases'.5. ..... the trial court noted that apart from there being a statutory liability of the tenant to pay the educational cess and the employment guarantee cess, the plaintiffs had produced on record the counterfoil of the rent receipt for the year 1975 which was signed by the defendant ..... , the lower appellate court while holding that the case of the landlord for eviction of the decree as per the trial court was under section 12(3)(a) of the bombay rent act, held that in the notice at exhibit 66 as well as in the plaint there was no reference to agreement of monthly payment of rent or permitted increases and the ..... therefore, this impliedly shows that he had accepted the liability of payment of rs.207/-by way of arrears which also included the amount of education cess and the employment guarantee cess.4. .....
Tag this Judgment!Court : Mumbai
Reported in : [2002(92)FLR1078]; (2002)ILLJ972Bom
..... remuneration, if any, [paid at intervals not exceeding two months], but does not include- (a) any contribution paid by the employer to any pension fund or provident fund, or under this act; (b) any travelling allowance or the value of any travelling concession; (c) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (d) any gratuity payable on discharge;' according to shri shah the 37 persons were not paid any wages in cash, ..... the respondent advanced a very clever plea to evade the liability under the act to pay contribution in respect of the said 37 persons that they were not paid wages in ..... the appellant corporation therefore, 1 computed the liability of the corporation under section 45-a of the act, and called upon the respondent restaurant to make payment of the stipulated amounts. ..... the respondent has tried to take a very clever plea of non-payment of wages to escape the liability cast upon it under the act and to defeat the object of this social beneficial legislation. ..... of the skilled category and that they were paid their regular wages but the respondent restaurant did not produce the relevant wage register in respect of the aforesaid 37 and 7 persons to avoid their liabilities to make payment of contribution payable under the act. ..... respondent, therefore, disowned any liability to pay any contribution on behalf of the aforesaid 37 and 7 persons as they were not their employees within the meaning of the act.3. .....
Tag this Judgment!Court : Karnataka
Reported in : [2005(104)FLR743]; ILR2005KAR20
..... taking the view that if a workman dies a natural result of the disease from which he was suffering or while suffering from a particular disease, he dies of that disease as a result of wear and tear of his employment and no liability could be fixed upon to the employer, held that if the employment is a contributory cause or has accelerated the death or if the death was due not only to the disease but the disease coupled with the ..... the liability of the employer under the act is conceptually quite different from the liability under ..... word 'accident' in the context in which it is employed has to be given a very wide and liberal meaning to make section 3 of the act purposeful and meaningful, so that, the object of the legislation ..... the act provides for payment of compensation in accordance with the provisions of the act, if any personal injury is caused to a workman by an accident arising out of and in the course of his employment the object of section 3(1) of the act is to ensure financial assistance and to relieve the workman and his family members of the hardship they may suffer on account of a personal injury that may be caused to a workman in an accident arising out of and in the course of his employment. ..... claim before the commissioner under section 3 of the workmen compensation act, 1923 (hereinafter referred to as the act') seeking compensation from the appellant on the ground that the workman had died in an accident that has occurred in the course of employment under the appellant. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1083; [1999(81)FLR914]; (1999)IILLJ211All
..... 7 of the act of 1972 fastens the liability to pay interest in the event of failure to discharge the obligation cast upon the employer under sub-section (3a) of section 7 of act of 1972. ..... with the appellate authority would not absolve the employer of its liability to pay interest once it isestablished that the employer has failed to discharge the obligation cast upon it by sub-sections (2) and (3) of section 7 of the act. ..... with the appellate authority after the order passed by the controlling authority would not absolve the employer of its liability to pay interest as visualised by sub-section (3a) of section 7 of the act. ..... it is evident from sub-section (3a) of section 7 of the act, extracted above, that the employer is liable to pay simple interest at the prescribed rate from the date on which the gratuity becomes payable to the date ..... sub-section (2) of section 7 of the act of 1972 provides that as soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, 'determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and ..... 'wages', according to section 2(s) of the act of 1972 means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are 'payable' to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, .....
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