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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Asst. General Manager, M/s. Kalinga Commercial Corporation Ltd. – Appellant
Versus
Haramani Behera – Respondent
| Table of Content |
|---|
| 1. factual background of the employment and accident. (Para 3) |
| 2. appellants argue against liability. (Para 4 , 5) |
| 3. commissioner's findings on employment status and compensation. (Para 6 , 8) |
| 4. procedural limits of appeal jurisdiction. (Para 11 , 12 , 20) |
| 5. legal conclusions regarding compensation allocation. (Para 21 , 22 , 24) |
| 6. conclusion affirming lower court's decisions. (Para 25 , 26) |
JUDGMENT :
1. The present First Appeal (FAO) has been instituted by the Appellants assailing the judgment dated 04.07.2025 passed by the learned Commissioner for Employees’ Compensation-cum-Deputy Labour Commissioner, Cuttack in E.C. Case No. 341 of 2023.
I. FACTUAL MATRIX OF THE CASE
(a) Odisha Mining Corporation Limited (OMC), Opposite Party No. 3 before the learned Commissioner, is the lessee operating the Gandhamardan Iron Ore Mines situated at Suakati village in the district of Keonjhar, Odisha. The present Appellants, M/s. Kalinga Commercial Corporation Ltd., were engaged by OMC for carrying out raising operations in the said mines. For the purpose of execution of such work, the Appellants engaged certain workmen to undertake mineral-raising activities within the premises of th
Employer liability under the Employees' Compensation Act arises immediately upon personal injury occurring in the course of employment, with appellate jurisdiction limited to substantial questions of....
The burden to establish an employer-employee relationship lies on the claimant, and failure to provide corroborative evidence results in dismissal of compensation claims under the Employees’ Compensa....
The insurer is liable for compensation under the Employees’ Compensation Act but not liable for penalty due to employer's personal fault.
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 appellate court confirmed that findings based on factual determinations by the Commissioner under the Employees' Compensation Act are not subject to appeal unless substantial legal questions aris....
Compensation under the Employees’ Compensation Act requires proving an employer-employee relationship, which was not established, leading to the dismissal of the claim.
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....
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