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ALOK MATHUR
Bitto Devi – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Revenue Lko. – Respondent
JUDGMENT :
Hon'ble Alok Mathur, J.
1. Heard Shri Rajan Mishra, learned counsel for petitioner, Ms. Aishwarya Mathur, learned amicus curiae appointed by the Court, Shri Rahul Shukla, learned Additional Chief Standing Counsel for respondent nos. 1 & 2, Shri Shambhu Nath Mishra, learned counsel for respondent no. 3 and perused the material available on record.
2. By means of the present writ petition, the petitioner has challenged the order dated 30.04.2024 passed by the learned Commissioner, Workmen Compensation/Additional Labour Commissioner, Hardoi wherein he has passed the award in favour of the petitioner along with all consequential benefits.
3. Brief facts of the case are that the son of the petitioner was in employment of respondent no. 3 and while on duty on 18.10.2017 at 8:00 a.m. met with an unfortunate accident, where a portion of building of respondent no. 3 fell on her son Ram Veer, who received serious injuries and subsequently succumbed to the same.
4. The petitioner made several applications and met the employer i.e., respondent no. 3 seeking damages and compensation on the ground of death of her son but she did not receive any compensation and accordingly, moved an applic
Agreements that contravene Section 17 of the Employees Compensation Act, 1923, which prohibits contracting out of compensation rights, are null and void.
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 central legal point established in the judgment is the interpretation of the term 'employer' and the liability of principal employers under the Employees Compensation Act, 1923.
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....
A writ petition cannot be maintained when an effective statutory remedy exists under the Employees Compensation Act, 1923.
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