provisional compensation
D. Right to claim Compensation irrespective 56
of paymnet of Exgratia/Solatium Amount
E. Apportionment of Liability 57
F. Contributory Negligence of Child ... respondents in the alternate that after grant of
compensation by way of Exgratia/Solatium under the
Government Order, as regards the claim of further
compensation
recent decisions of the Supreme Court on the point, even the 'exgratia' payment made comes within the definition of the word 'wages ... taken the matter under the Industrial Disputes Act . Thereafter, there was 'exgratia' payment to the employees by the respondent. Based on the said
AUTHORITIES TO PAY THE COMPENSATION OF RUPEES
TWO LAKHS PER ACRE AS EXGRATIA AMOUNT AND ETC.
3
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING ... various dates vide Annexures-E, E1
and E2 for payment of exgratia amount.
2. Petitioners claim to be in unauthorized cultivation of the
Government land
referring to the previous
year's bonus at 12% and 10% exgratia is unjustified.
12. It is urged that declaration of 12% bonus ... exgratia declared earlier cannot be the basis to
award 15% bonus as the circumstances in 1993-94 were
not similar. In addition, the declaration
thereafter, the Tribunal by its order dated 22.09.2007 observed that, withholding of exgratia payments to the members of the first party union, except 9 workers ... thereafter, a dispute has arisen as regard to certain exgratia payments, which were extended to the workers, who have signed the settlement and which
amount of Rs.7.57 lakhs
being the balance 50% of the exgratia amount is
appropriated towards financial loss likely to be caused ... action has been initiated against the petitioner by
withholding 50% of the exgratia amount on acceptance
of VRS and also withholding one-third
petitioner does not have the information with regard to
the additional exgratia amount paid to the land losers.
However, he insists that the petitioner ... compensation having been revised in the
nature of payment of exgratia amount. He submits if the
petitioner is entitled for such a exgratia payment, respondent
lakh was paid in each case as exgratia and
this has to be taken into consideration. Plaintiffs had been
called upon to strictly prove ... memo
stating that a sum of Rs.1.0 lakh paid as exgratia in each
case must be taken into consideration and the negligence
attributed
that the respondent/KSRTC has paid a
sum of `50,000/- towards exgratia and also paid the
compensation as per the impugned award ... respondent is entitled to deduct the amount of
`50,000/- paid towards exgratia and the amount paid in
pursuance of the impugned judgment
normal rent/licence fee. By
virtue of sub rule (4), an exgratia
assistance of Rs.25,000 is provided to
the family of the deceased ... been or will be
compensated by the employer in the
form of exgratia financial assistance on
compassionate grounds under Rule 5(1).
The Claims Tribunal
