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Workmen's Compensation Act

15 judgments · newest first · showing 1–15

THE DIVISIONAL CONTROALLER MSRTC AMBEJOGAI AND ANRversusDAGADU SAYYED SHAIKH

DISMISSED

The respondent, a driver employed by the Maharashtra State Road Transport Corporation, suffered multiple fractures in a road accident and received Rs.25,000 under the Motor Vehicles Act on a no‑fault basis. He also filed a claim under the Workmen’s Compensation Act for loss of earning capacity, …

RAJESHBHAI TAPUBHAIversusCHIEF OFFICER

26-DISMISSED @ ADM.STAGE

The petitioner, a sweeper employed since 1984, claimed he was terminated on 1 June 2015 without following the procedural safeguards of the Industrial Disputes Act, 1947, and sought reinstatement and back wages. He alleged an injury sustained in the course of duty, but the date of the accident was …

THE NEW INDIA ASURANCE CO.LTDversusSHRI SAMEER MAJID SHAIKH

Disposed Off

The New India Assurance Co. Ltd. appealed under Section 30 of the Workmen’s Compensation Act, alleging two substantial questions of law: (a) whether the Labour Commissioner was justified in finding the driver’s licence genuine, and (b) whether the Commissioner was justified in awarding 100% loss of …

DIVISIONAL RAILWAY MANAGER PversusIndira Kirtising Rawal

Allowed

The Divisional Railway Manager (P) filed an interim application seeking condonation of delay in filing an appeal against an order of the Labour Commissioner under the Workmen’s Compensation Act. The appellant argued that the delay was justified and that the objections raised were not removed. The …

UNION OF INDIA & ORS.versusALL INDIA TRADE UNION CONGRESS & ORS.

2019 INSC 381Appeal(s) allowed

The All India Trade Union Congress and affiliated unions filed a writ petition seeking regularisation and statutory benefits for casual workers employed by the Border Roads Organisation (BRO) in Uttarakhand. The High Court initially granted the petition and, on appeal, directed the Union of India to …

FIRDAUSversusORIENTAL INSURANCE CO. LTD. & ORS.

2017 INSC 617Appeal(s) allowed

The deceased Parvez Khan was killed in a motor accident while driving a truck that was owned by defendant No.1 (Santosh Dental Hospital) and insured by Oriental Insurance Co. Ltd. The claimant, the deceased's father, sought compensation under the Workmen's Compensation Act. The Workmen's …

MALLAMMA (DEAD) BY L.RS.versusNATIONAL INSURANCE CO. LTD. & ORS.

2014 INSC 251Appeal(s) allowed

The deceased driver of a tractor, employed by Jeeva Rathna Setty, died in an accident while the tractor was owned by Setty, although the original registration was in the name of Gangadhara. The claimants filed a workmen's compensation claim, and the Commissioner held that the insurance policy, …

KRANTIKARI SURAKSHA RAKSHAK SANGHATANAversusBHARAT SANCHAR NIGAM LTD. AND ORS .

2008 INSC 965Dismissed

The Supreme Court examined whether a security guard allotted by the Maharashtra Private Security Guards Board to a principal employer becomes the employee of that employer, thereby stripping the Board of its power to recall, re‑allot or transfer the guard. The petitioners, trade unions, argued that …

FAQIR CHAND GULATIversusUPPAL AGENCIES PVT. LTD. & ANR.

2008 INSC 803Appeal(s) allowed

The appellant, a landowner, entered into a "collaboration agreement" with the builder to construct a residential building and share the constructed area. The builder allegedly deviated from the sanctioned plan, failed to obtain a completion certificate and C&D forms, and did not rectify defects, …

K. JANARDHANversusUNITED INDIA INSURANCE CO. LTD. & ANR.

2008 INSC 624Appeal(s) allowed

The appellant, a tanker driver, lost his right leg up to the knee in a road accident and claimed compensation under the Workmen's Compensation Act, seeking Rs.5 lakh. The Commissioner determined his monthly earnings at Rs.2,000 and held that the loss of the leg resulted in 100% loss of earning …

ABATI BEZBARUAHversusDIRECTOR GENERAL GEOLOGICAL SURVEY OF INDIA AND ANR.

2003 INSC 92Case Partly allowed

The wife of the deceased, Dr. Ramani Kanta Bezbaruah, claimed compensation after her husband died in a road accident. The Motor Accident Claims Tribunal awarded Rs. 2,50,200 with 6% interest, which the Gauhati High Court enhanced in both compensation and interest (to 8%). The appellant contended …

RAJANNAversusUNION OF INDIA

1995 INSC 280Appeal(s) allowed

Rajanna, a security assistant in the Special Protection Group (SPG), suffered permanent partial disablement in a motor accident while traveling in an official SPG vehicle from staff quarters to the South Block. He claimed an ex‑gratia payment of Rs 50,000 under a 1986 Cabinet Secretariat circular …

REGIONAL DIRECTOR, E.S.I. CORPN. AND ANR.versusFRANCIS DE COSTA AND ANR.

1992 INSC 148Matter referred to larger bench

The employee of J&P Coats was struck by his employer's lorry while riding his bicycle on a public road 1 km from the factory, fifteen minutes before his shift began. He claimed disability benefits under the Employees' State Insurance Act, arguing that the injury occurred in the course of his …