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ORISSA HIGH COURT
SENIOR DIVISIONAL PERSONNEL OFFICER EAST COAST RAILWAY – Appellant
Versus
SABITA DEVI – Respondent
JUDGMENT :
SANJEEB K. PANIGRAHI, J.
1. The present appeal has been filed by the employer (East Coast Railway) assailing the order dated 20.03.2024 passed by the Commissioner for Employees’ Compensation-cum-Joint Labour Commissioner, Headquarters, Bhubaneswar in E.C. Case No. 5 of 2023. By the said order, the Commissioner allowed the claim application filed by the dependants of the deceased employee and awarded compensation under the Employees’ Compensation Act, 1923 on account of his death stated to have occurred due to an accident arising out of and in the course of employment.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case as narrated by the appellants are as follows:
i. The claim proceedings were instituted by the parents/legal dependants of late Sri Nishant Kumar, who, as pleaded, was employed as an Assistant Loco Pilot (Electrical) under the Chief Crew Controller, East Coast Railway, Talcher. It was pleaded that the deceased was on duty in connection with railway operations and that while so discharging his official duty, he suffered a fatal accident.
ii. According to the claim petition, on 05.03.2023, the deceased was booked for duty at about 20:40 hours along with a
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.
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....
Section 5 of Act, which deals with method of calculating monthly wages.
The court affirmed that actual wages can be considered over government notifications for compensation in employee injury cases, provided they are proven under Section 5 of the Employee's Compensation....
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