Contributed by Team Legal Point Foundation
Case 1 Work Man
- Workman-Who is
- Temporary employee had worked for more than 240 days in each year
- Same was not seriously challenged before Court
- Employee falls with in ambit of term ‘workman’ in Section 2 (s) of Industrial Dispute Act
- Employee having worked for requisite period stipulated in relevant sections
- The workman is entitled to protection of Section 25 F
- Termination not proper
Case 2 Recovery from employer
- Duty of Labour Court
- Employee claiming wages at overtime rate for work done by them on holidays
- They did not give any evidence
- By itself not sufficient to refuse benefit
- When fact that they work on holidays was admitted
- Labour Court is required to compute benefit and determine amount payable to employees by directing employer to produce necessary records
Case 3 Employment Injury(Employees State Insurance Act)
- Employment Injury-What constitutes husband of claimant working as night watchmen in Cinema Theater
- He was murdered by some unknown person while performing duties
- His dead body found at workplace during duty hours
- Murder of deceased employee is covered by definition of ‘employment injury’ U/S Section 2 (8)
- Presumption as accident arising in course of employment provided U/S 51 A-is applicable
Case 4 Employment Injury
- What constitutes Suicide of employee owing to depressive neurosis consequent on employment injury sustained by him
- Would furnish cause of action for his dependents to make claim for dependents’ benefits U/S 52
- Plea that suicide is an offence of no consequence.
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