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R. SAKTHIVEL
Raymond Showroom – Appellant
Versus
Sekar – Respondent
JUDGMENT :
R. SAKTHIVEL, J.
Prayer: Civil Miscellaneous Appeal filed under Section 30 of the Workment Compensation Act, 1923, praying to set aside the order made in E.C. No. 107 of 2018, dated 20.07.2022 on the file of Commissioner of Workmen Compensation (Joint Commissioner of Labour-1) Teynampet, Chennai.
1. Feeling aggrieved with the Order dated July 20, 2022 passed by ‘the Commissioner for Workmen Compensation (Joint Commissioner of Labour-1) Teynampet, Chennai’ [henceforth 'Commissioner’ for brevity] in E.C. No. 107 of 2018, the second respondent therein, namely Raymond Showroom, has preferred this Civil Miscellaneous Appeal.
2. For the sake of convenience, the parties will hereinafter be referred to as per their array before the Commissioner.
Applicant’s case
3. It is the case of the applicant that the deceased - Thiagarajan is his younger son and he has been working as a employee under the first opposite party. The 1st opposite party carrying on his business of Air Conditioner (AC) service in and around Chennai by engaging the applicant’s son - Thiagarajan as helper to carry out AC Services.
3.1. While so, on February 17, 2018, 1st opposite party had taken the applicant’s son - Thi
The court established that an employer-employee relationship must exist for liability under the Workmen Compensation Act, and negligence can lead to tort liability even without such a relationship.
Compensation under the Employees’ Compensation Act requires proving an employer-employee relationship, which was not established, leading to the dismissal of the claim.
The absence of a written appointment letter does not negate the existence of an employer-employee relationship under the Employee's Compensation Act, 1923, as long as the relationship can be establis....
The principal employer is liable for compensation under the Employees’ Compensation Act, 1923, even if the employee was engaged through a contractor, ensuring protection for workers.
The main legal point established in the judgment is the determination of the employer-employee relationship and the entitlement to compensation under the Workmen's Compensation Act.
The entitlement of claimants to receive interest on the compensation amount from the date of the accident and the application of established principles relating to the payment of interest on money cl....
A temporary employment relationship can be established under the Employees’ Compensation Act without a formal contract, relying on circumstantial evidence and admissions.
The central legal point established in the judgment is the interpretation of 'arising out of and in the course of employment' under the Workmen's Compensation Act, 1923, and the emphasis on a liberal....
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