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Bombay High Court Allows Appeal in ESI Contribution Dispute — Tailors Held Not Employees Under ESI Act. Independent Contractors Providing Stitching Services Outside Shop Premises Not Covered Under Section 2(9) of Employees' State Insurance Act, 1948.

The appellant, Khadi Gramodyog Emporium, Gandhi Sagar, Nagpur, challenged an order dated 14.05.1985 passed by the Deputy Regional Director, Employees'...

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Bombay High Court Allows Appeal in ESI Contribution Dispute — Tailors Held Not Employees Under ESI Act. Relationship of employer and employee denied as tailors worked independently outside the shop premises, not under control or supervision of the establishment.

The appellant, Khadi Gramodyog Emporium, Gandhi Sagar, Nagpur, challenged an order dated 14.05.1985 passed by the Deputy Regional Director, Employees ...

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Supreme Court Partly Allows Management’s Appeal, Confirms Ex-Gratia Bonus for Workmen but Declares Strike Unjustified. Agreement Under Section 34(3) of Payment of Bonus Act, 1965, Formed by Communication of Cabinet Decision; Strike During Conciliation Devoid of Justification.

The appeal arose from an industrial dispute between the Management of Fertilizer Corporation of India, a Central Government undertaking, and its workm...

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Bombay High Court Upholds Compensation Award in Workmen's Compensation Case — Insurer Liable Jointly and Severally with Employer for Employee's Injuries. Employer's Failure to Deposit Compensation Attracts Penalty Under Workmen's Compensation Act, 1923.

The case involves an appeal by National Insurance Co. Ltd. against a judgment of the learned Commissioner under Workmen's Compensation and Judge, Elev...

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Bombay High Court Awards Compensation for Custodial Death in Jail Lockup Shooting by Constable. State Held Vicariously Liable for Acts of Employee Under Article 21 of Constitution of India.

The petitioner, Kewalbai, mother of Sandeep, filed a Criminal Writ Petition seeking compensation of Rs. 10,00,000/- for the custodial death of her son...

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Gujarat High Court Partially Allows Petition in Industrial Dispute Case — Compensation Enhanced from Rs.50,000 to Rs.1,00,000 per Employee. Labour Court's award under Section 11A of Industrial Disputes Act, 1947 modified as compensation was inadequate for terminated employees of merged municipality.

The petitioners, three employees of Vejalpur Nagarpalika, were appointed as Rojamdar Employees in 2003 and later worked as Assistant Clerks from 2009....

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High Court of Karnataka Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Claimants' Cross-Objections Dismissed as Deceased Pedestrian Was Crossing Highway Without Caution, Contributing 50% to Accident.

The case arises from a motor accident claim petition filed by the parents of a deceased 25-year-old bachelor who died in a road accident involving a c...

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High Court of Bombay at Nagpur Dismisses Appeal by Steel Authority of India Ltd. Against Enhanced Compensation in Motor Accident Claim. Employer's Vicarious Liability for Employee's Negligent Driving Upheld Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the respondents, the widow, children, and mother of deceased Vijay Sonone. On 22.12.1998, at abou...