LawPaws007

 Employee State Insurance Act Case Laws Churtaman Rao vs State of MP An independent contractor who performs contracts by making bidis in the factory is an independent contractor. Hence, he would not be covered as an employee. As no employer-employee relationship was set up no compensation would be granted to him. Janki Ammal vs Divisional Engineer 1956 Employees must prove that at the time of employer's business or in furtherance of the same, he should not do something for his own personal gain.  State of Rajasthan vs Ram Prashad and Ors. Employee died in the course of employment due to natural lightening while working on the site. Held: He is an employer as he died in the course of employment. Therefore, he would be allowed the compensation. Tremain vs Pike, 1970 There should be reasonable steps taken to avoid exposing the servant to the reasonable risk of injury. Mackinnon Mackenzie & Co. Ltd. vs Miss Velma William, 1964 If the person died in the course of employment it ...

  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. Ques...

  Case Laws based on Equal Remuneration Act  Randhir Singh vs Union of India, 1982 It was held that though equal pay for equal wages is not the fundamental right under the constitution, still it is considered as a certain constitutional goal. Surinder Singh vs Engineer in Chief PWD, 1986 Daily wages would be entitled the workers doing the identical work in the same department.  State of West Bengal & Ors. vs Hari Narayan Showal and Ors. In case an expert committee is paid more as compared to the daily wage workers, a writ cannot be issued under Article 14 and 32. It was held that the level of expertise found is not equal. Hence, equal wages would not be paid. State of Punjab vs Talwinder Singh and Ors 2004 Daily wage workers claimed parity of pay scale with those on regular basis. Granting minimum wages according to the pay scale was held valid. Govt of West Bengal cat vs Tarun K. Roy, 2004 The principle of equal wages cannot apply in case where the educational qualif...

  Minimum Wages Act, 1948 Crown Aluminium Works vs Their Workmen 1958 The developing countries face unemployment. However, to let every man avail at least the basic amenities, their should be minimum wages provided to him. Hydro (Engineers) Private Limited vs Workman The workmen should be provided the wages so as they can afford basic education, and medical amenities. This includes the wages to avail the works for the efficiency of the workers. Edward Mill Co. Ltd. vs State of Ajmer, 1954 The state makes provisions for the suspension of laissez fair provisions. The State tries to work on the Socialist pattern as enshrined in the Preamble and ensures minimum wages to the individuals. Bijay Cotton Mill Ltd. vs State of Ajmer, 1955 The freedom of trade under Article 19(1) and Article 19(6) are made to impose general public with the general welfare as ensured in the constitution. Krishna Ayer vs Superintending Engineer, PWD Madras 1949 It was held that a managing director is an employe...

   Bonded Labour Act Bandhua Mukti Morcha vs Union of India Number of workers are working in the inhumane conditions in the quarries. There are intolerant conditions here. The aim of this legislation is to focus on eradicating Bonded Labour.      The Article 14, 21 and 23 should be taken due care of. Also, the Directive Principles of State Policy should be paid heed to. State should do the work for the welfare of the people. They should help the suffering and helplessness of the workers. Public Union for Civil Liberties vs State of Tamil Nadu, 2004 The question of rehabilitation of the bonded labourers was discussed in this case. It was held that the duty of rehabilitation and the adequate education and other amenities for a decent living should be provided to such persons. The report held by NHRC should help in the rehabilitation of such people. Sannasomannara Somashekarappa & Ors. vs Gorappa Rudraswamy and Ors. 2005 In this case four children were allegedl...

 Case Laws related to the Payment of Wages Act, 1936     Baboo Hussain vs IVP Nopany, 1979 The question arose whether a boiler attendant and worker who would be considered as the worker under the Payment of Wages Act?  It was held that since the person is working during three shifts a day and doing a considerable amount of duty, he would be liable for the wages even if he is actually not present there. Balmer Lawrie Workers Union, Bombay & Ors. vs Balmer Lawrie & Company Ltd & Ors, 1985 The objective of the Act was defined in this case. It was held that the aim was to provide regular wages at regular intervals of time. Jai Chand vs Vithal, 1933 In this case, the term factory was defined. It was held that it comprises of the sawmill and grinning factory under the same roof and with locomotives, provided it does not employ less than 10 persons. This definition was in accordance with the Factories Act, 1948. Indar Singh vs Secy. of State 1928 In  this c...