such
for years, thereby, depriving them of the privileges of
permanent workmen, amounted to unf air labour
:6:
prac tice and therefore, as the workman ... present case, we hold that the services
of the concerned workmen are permanent in
nature, since they have worked for more than
240 days
second party. The
contention of the 2nd party Federation is that
these workmen, who are called as contract
labourers, are not its employees and they ... other allowance is paid to these contract
labourers. The permanent or even the
permanent workmen doing the similar work gets
gross wages of about
petitions, they are
referred to as Management and Workman wherever the
need arises.
3. The workman is a conductor working in the
Management-Corporation ... imposing the punishment of
reduction of pay by one incremental stage permanently.
The workman raised a dispute with regard to the same
which came
would contend that this appeal, filed under
5
Section 30 of the Workmen's Compensation Act, 1923, (the
'Act' for short ... case, the disability certificate issued by
the doctor indicates that the workman has permanent partial
disability of 25% and same cannot be doubted unless cogent
insurer shall be liable
to pay in the case of death or permanent disablement
due to accident arising out of the use of motor vehicle ... this sub-
section, "permanent disability" shall have the same
meaning and extent as in the Workmen's
Compensation
maize, unloading from the tractor, to
15
an underground storage bin. The workman, who had gone
down into the underground storage in order to clean ... claim for
compensation in respect of death or permanent
disablement of any person under the
19
Workmen's Compensation Act, 1923 , resulting
from
Workmen
Compensation Act, hereinafter referred to 'the Act' for short before the
Commissioner for Workmen Compensation.
3. The owner and the insurer contested ... deemed provisions is available in respect of partial
permanent disability. The injury suffered by the workman being not a
scheduled injury and partial permanent disability
treating the respondent-workmen as temporary
employees. As they were the permanent employees, the
5
Labour Court granted the relief taking into account the
wages ... Ashok Patil, learned counsel for the appellant
submits that the respondent-workmen were given the
financial benefits based on the MVRS, which they had
accepted
FOLLOWING:
2
ORDER
This writ petition has been filed by the workman
seeking for quashing of award dated 03.09.2011 passed
by the Industrial Tribunal, Mysore ... joint memo whereunder writ petitioner -
workman has agreed for reduction of Basic Pay by two
incremental stages permanently instead of four
incremental stages as proposed
comply.
During rebuttal evidence, the insurer had brought on record that
workman was charge sheeted in respect of the accident and he
9
had pleaded ... case of
permanent total disablement as
is proportionate to the loss of
earning capacity (as assessed by
the qualified medical
practitioner) permanently
caused
