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ANIL KUMAR CHOUDHARY
Bharat Coking Coal Limited – Appellant
Versus
Mularwa Devi, W/o. Late Shiv Kumar Bhuiya – Respondent
JUDGMENT :
Anil Kumar Choudhary, J.
Heard the parties.
2. W.P. (L) No.4798 of 2019 and W.P. (L) No.99 of 2022 have been filed in respect of the common judgment passed by Presiding Officer, Labour Court, Dhanbad in connection with M.J. Case No.35 of 2015 dated 31.01.2019 and W.P. (L) No.6135 of 2019 has common point of law involved and has similar facts, hence, all these writ petitions are disposed of by this common judgment.
3. The facts of W.P. (L) No.4798 of 2019 and W.P. (L) No.99 of 2022 are as follows:-
The respondent of W.P. (L) No.4798 of 2019 who is the writ petitioner of W.P. (L) No.99 of 2022, filed an application under Section 33 (c) (2) of the Industrial Disputes Act, 1947 against the writ petitioner of W.P. (L) No.4798 of 2019 who is the respondent of W.P. (L) No.99 of 2022 for ex-gratia amount on account of death of her husband namely Shiv Kumar Bhuiya who was a permanent employee under the respondent. Shiv Kumar Bhuiya met with an accident and expired on 23.01.2014 in the underground mines in course of his employment. The opposite party before the Labour Court, Dhanbad deposited Rs.6,70,160/- as compensation under Employees Compensation Act, 1923 and further paid an ex-gr
The entitlement to ex-gratia payments under the NCWA is independent of other compensation, and the Labour Court cannot award interest on such payments unless explicitly provided in the settlement.
The main legal point established in the judgment is the entitlement to interest for the delay in payment of ex-gratia compensation, based on the principle of awarding interest when there is no specif....
The main legal point established in the judgment is that the Labour Court cannot entertain claim petitions and adjudicate the merits and demerits of the rights of the workman under Section 33(C)(2) o....
The main legal point established in the judgment is that the insistence on the production of FIR and post-mortem report for ex-gratia compensation was not in line with the spirit of the scheme, and t....
Gratuity entitlements exceed statutory limits if stipulated in insurance contracts, and banks are required to comply with contractual obligations under the Payment of Gratuity Act.
The court established that a valid nomination under the Payment of Gratuity Act can be made in favor of a non-family member when the employee has no surviving family, and that the nominee has a right....
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