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]

Payment of Gratuity Act 1972 - Forfeiture of Gratuity

Quarter not vacated- can not be forfeited:

Payment of Gratuity Act 1972 - Section 4(6) - Gratuity- Withholding of- Because company quarter not vacated- recovery notice- once controlling authotity passed the order under the Act- It is bounden duty to recover the said amount for which recovery notice are issued - Hence impugned recovery notices cannt be illegal.- amount of gratuity can be forfeited only as provided under Section 4(6) of Act. But the petitioner as never challanged the original order - Hence all petitioner fail and deserve to be dismissed. Special Civil Appeal No. 17105 and 17111 of 2003 : Jehangir Textile Mills V/s Sahebsingh Chotesingh and another, decided on 05-10-2010 by Gujarat High Court. [2011 (128) FLR 180]

Can be forfeited on Dismissal:

Payment of Gratuity Act 1972 Section 4(6) and Rule 18 of Bank PF Rules - Forfeiture of Gratuity- Petitioner, an employee of bank- Dismissed from service- For misconduct of causing loss to bank- In view of Section 4(6) of Act and rule 18 of the Rules, bank has rightly forfeited the amount of gratuity adn deducted the contribution of employer. OOCJ WP no. 636 of 2002 : Ramchandra S. Joshi V/s Bank of Baroda, Decided on 05-04-2010 by Bombay High Court.

Industrial disputes Act 1947 - Delay

Industrial Disputes Act 1947 - Section 25F to 25H and 10- reference expression "at any time" in the context it is used - Postulates tgaht reference can only be made if an industrial dispute existgs or is apprehended. Findings recorded by the Labour Court that the appellant completed 240 days in 12 preceding months and termination of his services without complying with provisins of Section 25F - Termination illegal, null and void. But it rejected the claim of the workman on ground of delay in making the reference. No limitation prescribed for making reference under Secion 10- reference sought for by the workman.- Services of the workman terminated on 26-5-1992 and reference made by the Government on 22-11-1999. Once it is found that industrial dispute exists-Incumbent on part of the Government to make reference. SLP(C) no. 4137 of 2007 : Kuldeep Singh V/s G.M Instrument Design Development and Facilities Centre decided on 3-12-2010 by Supreme Court [2011(128)FLR121]