Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Employee's Compensation Act 1923 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration:The order of the High Court setting aside the order of theCommissioner awarding compensation in favour of legalrepresentatives of the deceased employee.Employee's Compensation Act, 1923 – Victim died as he wastying up logs on trailer – The Commissioner directed insurerto pay compensation of ₹3,94,120/- and the employer wasdirected to pay ₹1,97,060/-, i.e., 50% of the compensationamount as penalty – High Court set aside the order of theCommissioner – Propriety:Held: A bare perusal of the impugned judgment shows that theHigh Court did not frame any substantial question of law – Thewording of the Act indicates that the existence of such a questionis a prerequisite to the appeal being entertained – The difference,between the two judgments, i.e., the order of the Commissionerand the judgment in First Appeal, was on the point of theemployer-employee relationship having been established – TheCommissioner held such relationship to have been establishedhowever, the appeal Court observed that “claimants have clearlyfailed to prove this aspect” – The Commissioner had not returnedany findings in respect of the validity of non-availability of thelicense of the deceased nor was it one of the questions framedby the Commissioner for consideration – In such a situation, whileexercising powers within the limited purview allowed by section30 of the Act, the Court below erred in making observations – It issettled that Commissioner is the last authority on facts involved ina case – The circumstances, i.e., the presence of the deceased atthe spot; the ownership of the trolley and the goods loaded therein;the presence of this supervisor of the employer company; anddetails mentioned in the inquest panchnama form, when consideredtogether, point to the aspect of the deceased person being on theroll of the employer – Keeping with the principles of the legislationbeing intended for social welfare and protection of employees; theCommissioner being the last authority on facts; the scope of anappeal under the said Act being limited only to substantial questionsof law; and no perversity could be demonstrated from the order ofthe Commissioner. [Paras 18, 19, 21, 22, 29, 32]Employee's Compensation Act, 1923 – s.30 – An appeal froman order Commissioner – To be entertained if there exists asubstantial question of law:Held: The Act is unequivocal in stating that an appeal from anorder of Commissioner can be entertained only if there exists asubstantial question of law to be considered – It has been observedby the Supreme Court that the phrase “substantial question oflaw” within this Act shall be understood by its general meaning –When considering the general meaning of this phrase, naturally,the reference is to the Code of Civil Procedure – The rule thereinis that framing of a substantial question of law is of cardinalimportance. [Para 17] |
Judge | Hon'ble Mr. Justice Abhay.S. Oka Hon'ble Mr. Justice Sanjay Karol |
Neutral Citation | 2023 INSC 790 |
Petitioner | Fulmati Dhramdev Yadav & Anr. |
Respondent | New India Assurance Co. Ltd. & Anr. |
SCR | [2023] 14 S.C.R. 374 |
Judgement Date | 2023-09-04 |
Case Number | 4713 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |