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M. DHANDAPANI
Managing Director, S. V. Chem Intermediates Pvt. Ltd. – Appellant
Versus
M. Subamalar – Respondent
JUDGMENT :
M. Dhandapani, J.
The appeals, which were listed on different dates, were heard, separately, but as the issue involved in all the appeals being common, relating to the fixation of wages for the purpose of computation of compensation payable to the workmen under the Employee’s Compensation Act, they are being dealt with by this common judgment.
2. While CMA No.3087/2021 has been filed by the legal heirs of the deceased/employee by filing petition before the competent authority under the Employee’s Compensation Act (for short ‘the Act’) claiming compensation, wherein the authority had fixed the monthly wages of the workmen on the basis of the notification issued by the Central Government in exercise of powers conferred by Section 4 (1-B) of the Act and fixed the monthly wages at Rs.8,000/- and assailing such fixation as bad by contending that the monthly wages of the employee was higher than the one fixed, and had sought for enhancement, CMA No.735/2020 has been filed by the appellant/employer assailing the order of the authority that inspite of payment of a sum of Rs.8,00,000/- (Rupees Eight Lakhs only) by the employer, the authority had quantified a sum of Rs.6,82,760/- as
The Employee’s Compensation Act allows for compensation based on actual wages proven by the employee or their legal heirs, overriding the Central Government's notification of a fixed wage cap when ev....
The Commissioner for Employees' Compensation can award compensation beyond the amount claimed, reflecting a statutory duty to ensure just compensation based on actual wages, overriding limitations po....
Section 5 of Act, which deals with method of calculating monthly wages.
The Employee’s Compensation Act allows for compensation based on the actual monthly wages of an employee without a statutory cap, reflecting the legislative intent to provide fair compensation for wo....
The Employees’ Compensation Act mandates compensation based on actual wages without ceiling limits imposed by notifications, ensuring dependants receive just compensation according to incurred earnin....
The court held that the Commissioner must adhere to the wage cap of Rs. 8,000/- as per the Central Government notification when calculating compensation under the Employees Compensation Act.
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