Tag: Workmen Compensation

Supreme Court Landmark Ruling : Death During Travel to Workplace is an Employment Injury
Supreme Court

Supreme Court Landmark Ruling : Death During Travel to Workplace is an Employment Injury

The Supreme Court ruled that an accident occurring during an employee's commute arises "out of and in the course of employment" under the Employees' Compensation Act, 1923. It held that the beneficial interpretation from a parallel amendment in the ESI Act is applicable, requiring only a established nexus between the commute and employment. Facts Of The Case: Shahu Sampatrao Jadhavar, employed as a watchman by a sugar factory, was scheduled for duty from 3:00 AM to 11:00 AM on April 22, 2003. While commuting from his residence to the workplace on his motorcycle, he was involved in a fatal accident approximately 5 kilometers from the factory premises, never arriving for his shift. His dependents, including his widow, four children, and mother, filed a claim for compensation under the Empl...
Supreme Court Upholds Right to Shut Business, Orders ₹15 Crore Compensation for Workers
Supreme Court

Supreme Court Upholds Right to Shut Business, Orders ₹15 Crore Compensation for Workers

This judgment primarily interprets Section 25-O of the Industrial Disputes Act, 1947, regarding deemed closure. The Court examined if an application for closure was complete and if the State's communication constituted a valid refusal within the statutory 60-day period for deemed permission. It also considered the "appropriate Government's" role and Article 19(1)(g) (freedom of trade) implications. Facts Of The Case: The case originated from an application by Harinagar Sugar Mills Ltd. (Biscuit Division) seeking permission to close its undertaking, as required under Section 25-O of the Industrial Disputes Act, 1947. The company sought closure due to various reasons, including financial viability issues. The central dispute revolved around whether the State of Maharashtra, as the appropri...