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TUSHAR RAO GEDELA
Jobida Bano & Ors – Appellant
Versus
Royal Sundram General Insurance Co. Ltd. – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. The petitioners challenge the order dated 07.04.2021 passed in case bearing No. CEC/SD/D/34/2019/3972-75 titled 'Jobida Bano & Ors. vs. Sh. Arvindbhai Shambhubhai Viradiya' by Joint Commissioner Employees Compensation (District South), Labour Department, Govt. of NCT of Delhi, Pushpa Bhawan, Pushp Vihar, New Delhi-110062 under the Employees Compensation Act, 1923 (in short "the Act") whereby claim of the petitioners was dismissed for lack of jurisdiction.
2. A perusal of Section 21 of the Act makes it clear that by virtue of sub-Section (b) thereof, an employee or in case of his death, the defendant claiming compensation ordinarily resides has been inserted for the purpose of deciding the territorial jurisdiction where a complaint for compensation under the Act would lie.
3. It is apparent from the perusal of the impugned order that the Joint Commissioner (Labour) had not considered Clause (b) of sub- Section (1) of Section 21 of the Act and had passed an order which is clearly contrary to the provisions of law as mentioned above. It is apposite to extract the provisions of Section 21
The main legal point established is that the proviso to Section 21(1)(b) of the Employees’ Compensation Act imposes a mandatory notice requirement for a non-jurisdictional Compensation Commissioner t....
The court emphasized the jurisdiction of the Commissioner, the provision for interest under Section 4A, and the liability of the employer under Section 3(1) of the Employee's Compensation Act.
The central legal point established is the interpretation and application of jurisdiction under Section 21(1)(b) of the Employees' Compensation Act.
The proper jurisdiction and compassion in compensation claims are essential for justice.
Territorial jurisdiction and employer-employee relationship are crucial factors in determining the applicability of the Employees' Compensation Act.
The court emphasized the limited jurisdiction of the High Court under Section 30 of the Act to substantial questions of law only, and the findings of fact made by the Commissioner.
The main legal point established in the judgment is the determination of territorial jurisdiction and the liability of the Insurance Company under Section 147(1) of the Motor Vehicles Act, 1988 in ca....
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