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Workmen's Compensation Act   2004-2005

  REFERENCE   ISSUE RAISED   HELD
1

NANU

VS

GHOUSE MOHINUDDIN

2004(102)
FLR 1196
[HC-AP-SB]

 

1

 

 

2

IS THE ORDERING OF PAYMENT OF INTEREST ON COMPENSATION FROM DATE OF ACCIDENT TILL DATE OF ACTUAL PAYMENT OF COMPENSATION MANDATORY OR LEFT TO THE DISCRETION OF THE WC COMMISIONER?

IF INTEREST IS PAYABLE WHAT IS THE RATE?

1

 

2

 

3

 

 

 

AFTER THE 1995 AMMENDMENT AND INCORPORATION OF SECTION 4-A (3) (a) PAYMENT OF 12% INTEREST HAS BEEN MADE MANDATORY

INTEREST IS PAYABLE FROM DATE OF ACCIDENT TILL DATE OF ACTUAL PAYMENT OR REALISATION

THE COMMISIONER HAS POWER OR DISCRETION ONLY TO AWARD HIGHER RATE OF INTEREST THAN 12% IN DESERVING CASES

2

RAM RATTAN

VS

JAGDISH
SHARAN
JINDAL

2005(1)
LLN 953
[HC-P&H-SB]

 

1 IF A WORKMAN MEEETS WITH AN ACCIDENT AND IS ENTITLED TO CLAIM COMPENSATION UNDER MOTOR VEHICLES ACT 1939 AS WELL AS UNDER WORKMENS COMPENSATION ACT 1923,CAN HE CLAIM FOR BENEFITS UNDER BOTH ACTS

1

 

 

2

 

3

AS PER SECTION 110 AA OF THE M.W.A 1939 HE CAN PROCEED ONLY UNDER ANY ONE OF THE ACTS


IF HE HAS OBTAINED COMPENSATION UNDER M.W.A 1939 HE CANNOT RAISE A CLAIM FOR COMPENSATION UNDER WCA 1923

WC COMMISIONER CANNOT ENTERTAIN HIS PETITION

 

Top

Workmen's Compensation Act   1999

 

 

 

 

director of printing

vs.

brahmananda dhall [1997 lic 2808 (hc-ori)]

are persons employed as clerical / ministerial staff in a factory eligible to compensation under workmen’s compensation act 1923 ?

a combined reading of section 2(1)(n) and schedule-ii shows that such categories of employees are not entitled.