being the principal employer, liable to pay the compensation under
Section 12 of the Employees‟ Compensation Act . The Commissioner,
Employees‟ Compensation awarded compensation ... fatal injuries. The claim
for compensation was made against the Board under Section 12 of the
Employees‟ Compensation Act . The Madras High Court examined
Section
appellant cannot be held liable to pay the compensation under
Section 12 of the Employees‟ Compensation Act because the
construction of the residential house ... Act have to
be understood in the context in which this Act was enacted. The Act
was enacted to provide compensation to the employees suffering
clearly an endeavor by the Employees Compensation Commissioner in
the present case to overreach the provisions of Employees
Compensation Act and to clothe himself with ... also
direct that the Employees Compensation Commissioner in all cases
which are decided by them under the Employees Compensation Act will
not release the compensation
JUDGMENT
1 This appeal in terms of Section 13 of the Employees‟ Compensation
Act, 1923 (hereinafter referred to as the „Act‟) filed by the National ... under the Act ?
(iii) Whether the Commissioner can award the compensation
under Employees Compensation Act when there is no relation of
employer and employee between
Compensation Act/ Workmen's Compensation Act , the
appellant has assailed the validity of the judgment/Award 30.06.2015
passed by the Commissioner under Employees Compensation ... Employee Compensation Act, 1923 , as defined in the
Act to provide for the payment of compensation by certain employers to
their employees or to their
month
and considering Section 4 of the Employees Compensation Act, 1923,
has applied 60% to the basic salary i.e. Rs.4500/- and relevant factor ... employment. Thus, the basic requirement for entitlement of the
compensation under the Employees Compensation Act has been
verified by the learned Workmen Commissioner. In such
under the provisions of Workmen's
Compensation Act or the ESI Act . The payment of compensation
under the one Act at prior point ... Motor Vehicles Act , the amount obtained
as compensation under the Employees'' Compensation Act, 1923
shall be taken into account and that should
file claim
petition under Motor Vehicle Act and obtained interim award
.
under Section 140 of the M.V. Act on account of no fault
liability ... that he
be permitted to approach the forum constituted under the
Employees Compensation Act and the said contention was
of
negated by holding that once
file claim
petition under Motor Vehicle Act and obtained interim award
.
under Section 140 of the M.V. Act on account of no fault
liability ... that he
be permitted to approach the forum constituted under the
Employees Compensation Act and the said contention was
of
negated by holding that once
taking recourse to Sec 5 of the
Employees Compensation Act while awarding amount of
compensation?
iii) Whether, in the light of facts involved ... view, the principle can be applied
to the proceedings under the Employees Compensation Act as
well.
8. More precisely, in the following judgments, Madras
