Saturday, August 27, 2011

Workmen's Compensation Act 1923

Loss of One eye of Driver- 100% Claim
Workmen's Compensation Act 1923- Section 2(1)(b), Schedule 1, Item 4 - Compensation - Loss of Vision - of Driver of Transport Vehicle - In one eye - Should be considered and treated as permanent total disablement - Loss of earning capacity is 100%. [2011 (130) FLR 113] Keral High Court in MFA no. 60 of 2006 dated 08-03-2011 : New India Assurance Co. Ltd. V/s Santhosh.

Construction Workers Welfare Cess Act 1996

RECOVERY OF CESS - ALTERNATIVE REMEDY
Construction Workers's Welfare Cess ACt 1996 - Sections 11, 9, and 5, Constiution of Inda, 1950 - Art 226 - Alternative remedy - Petitioners is impugning the imposition of cess under the Act and consequent recovery proceedings on various grounds. - Thus the petitioner has an alternative remedy of filing appeal before appellate authrity- Hence, the petition is dismissed on ground of availability of alternative remedy. [2011(130)FLR 12] Writ petition no. 22161 of 2011 between Tanks and Tube Wells Class A Category Contractor v/s Collector/District Magistrate, Allahabad in Hon'ble High Court of Judicature at Allahabad on 18-04-2011