Thursday, May 19, 2011

Employees' Comensation Act 1923

Death due to quarrel with co- employee:-

Workmen's Compensation Act 1923- Section 3 and 4(1)(c) - Death of diesel assistant - Diesel assistant employed in Northern Raiway had quarrel with another railway employee while on duty- Quarrel resulted in death of diesel assistant - Grant of Compensation to legal heirs- Claim by heirs was maintainable. The submission made by the learned counsel for appelant that the accident in question does not come within the ambit and scope of the provisions provided under Section 3 of the Act, as such the claim petition filed by the claimant is not maintainable, is totally incorrect, wrong submission and rejected. The order passed by WC Commisioner/Assistant Labour Commissioner Lucknow on 07-06-2002 in Case no. 19/1998 upheld. F.A. No. 537 of 2002 : Union of India through General manager Northern Railway and another V/s Ifzal Hussain and another decided on 25-08-2010 by Allahabad High Court. [2011(128)FLR137]

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