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HIGH COURT OF JAMMU AND KASHMIR
DEPT. OF IRRIGATION AND OTHERS – Appellant
Versus
MST. RAJA AND OTHERS – Respondent
ORDER :
1. The instant appeal is directed against award dated 15.01.2009 (for short the impugned order) passed by the Commissioner under the Employees Compensation, Act, 1923 (for short the Act of 1923) in case titled as “Mst. Raja and Ors. Vs. Executive Engineer and Ors”.
2. Facts giving rise to the filing of instant appeal as stated, in the appeal, are that one Ab. Rahim Dar S/o Ghulam Ahmad Dar predecessor in interest of the respondent 1 to 3 herein (for short the deceased) while working as a helper in the appellant Department came to be killed by unknown gunmen in August 2005 whereupon his son Zahoor Ahmad Dar came to be appointed on compassionate grounds in terms of SRO 43 of 1994 inasmuch as the retiral benefits of the deceased as well came to be paid to the widow of the deceased being respondent 1 herein.
It is being stated that after a period of three years, respondents 1 to 3 herein filed an application before the Commissioner respondent 4 herein under the provisions of the Act of 1923 for compensation whereupon the Commissioner respondent 4 herein passed the impugned award directing the respondents petitioners herein to deposit/pay Rs. 3,06180/- to claimant respondent 1 here
The court affirmed that the discretion to entertain a time-barred claim under the Employees Compensation Act is valid, and benefits provided to a deceased's family do not bar compensation claims.
Workmen’s Compensation Act, 1923 is a social welfare legislation and it must be given a beneficial construction – Matters thereunder are to be adjudicated with due process of law and also with a keen....
The main legal point established in the judgment is the distinction between questions of fact and substantial questions of law in appeals under Section 30 of the Employee's Compensation Act, 1923. Th....
The findings of fact recorded by the Commissioner should not be interfered with unless they give rise to substantial questions of law.
The establishment of an employer-employee relationship is essential for claiming compensation under the Employee’s Compensation Act, and the liability for interest on compensation lies with the emplo....
An appeal under Section 30(1)(a) of the Employees Compensation Act, 1923 is maintainable when the claim for compensation is disallowed in full, regardless of the reason for disallowance.
The central legal point established in the judgment is the liability of the employer to pay compensation under the Employee’s Compensation Act, 1923, and the court's discretion to impose simple inter....
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