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Labour Law: Employee Compensation Act

 



Madan Mohan Verma vs Mohan Lal 1993

Compensation shall be payable on the date of the accident.

PC Abdulla Kutty vs C. Janki 1953

A widow cannot be given reduced wages on the ground of contributory negligence.

Rajban  vs Rahim Bux, 1969

An unmarried daughter is not included as a woman who has been divorced.

Manada Debi vs Bengal Bone Mill, 1940

The widowed stepmother is not included as the widowed mother under this Act.

Raghmath Sahai vs Sarup Singh, 1962

Managing agents are not subordinate to the employer. Subordinate means subordinate in law not in fact.

JC Mill Ltd. vs Deshraj Singh

Free accommodation is included in the privileges of benefit.

Godavari Sugar Mill vs Shakuntala, 1948

Overtime payment or allowance would be included as privileges of benefit.

Badler Prashad vs Trijugi Sitaram, 1964

Gratuity payable to an employee after retirement is included in the privileges of benefit.

Thomas vs Baber, 1995

Babu fell from a coconut tree. He was an independent contractor. Question arise whether he would be paid compensation for the injury? 

Held: Here there was 'volunti non fit injuria' so he was an independent contractor or a self employed person at the time of injury. As no employer-employee relationship was set up no compensation would be granted to him.

Juthi Devi vs M/S Pine Chemical Ltd & Ors. 1991

A security guard employed in a factory where the production is yet to commence would be considered an employee under the Employee Compensation Act.

Churtaman Rao vs State of MP

An independent contractor who performs contract by making bidis in the factory is an independent contractor. Hence, he would not be considered as an employee under the Employee Compensation Act. As no employer-employee relationship was set up. Hence, no compensation would be granted to him.

Also Read:

1. Jurisprudence: Administration of Justice

https://lawpaws007.blogspot.com/2022/04/jurisprudence-administration-of-justice.html

2. Jurisprudence: Relationship between Law and Ethics

https://lawpaws007.blogspot.com/2022/04/jurisprudence-relation-between-law-and.html

3. Administrative Law: Ombudsman

https://lawpaws007.blogspot.com/2021/12/ombudsman.html

4. Privacy Law: The Aftermath of Puttaswamy's Judgement

https://lawpaws007.blogspot.com/2021/12/privacy-law-aftermath-of-puttaswamys.html

5. Case Laws

https://lawpaws007.blogspot.com/search/label/Case%20Laws

6. Labour Law: Employee State Insurance Act

https://lawpaws007.blogspot.com/2022/04/labour-law-employee-state-insurance-act.html

7. Know the law 

https://lawpaws007.blogspot.com/2022/04/know-law.html

8. Shipping Contract and the clauses covered under it

https://lawpaws007.blogspot.com/2021/12/shipping-contracts-and-clauses-covered.html

9. Labour Law: Employee Compensation Act

https://lawpaws007.blogspot.com/2022/04/labour-law-employee-compensation-act.html

10. Labour Law: Minimum Wages Act

https://lawpaws007.blogspot.com/2022/04/labour-law-minimum-wages-act-1948.html

11. Labour Law: Equal Remuneration Act

https://lawpaws007.blogspot.com/2022/04/labour-law-equal-remuneration-act.html

12. Labour Law: Bonded Labour Act

https://lawpaws007.blogspot.com/2022/04/labour-law-bonded-labour-act.html

13. Labour law: Payment of Wages Act

https://lawpaws007.blogspot.com/2022/04/labour-law-payment-of-wages-act-1936.html

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