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B. Basappa & Another v/s J.S.W. Steel Ltd., Bellary


Company & Directors' Information:- JSW STEEL LIMITED [Active] CIN = L27102MH1994PLC152925

Company & Directors' Information:- S A L STEEL LIMITED [Active] CIN = L29199GJ2003PLC043148

Company & Directors' Information:- M M S STEEL PRIVATE LIMITED [Active] CIN = U27109TZ1996PTC006849

Company & Directors' Information:- G. O. STEEL PRIVATE LIMITED [Active] CIN = U27100PB2007PTC031033

Company & Directors' Information:- C P S STEEL INDIA PRIVATE LIMITED [Active] CIN = U27104TZ2003PTC010552

Company & Directors' Information:- J M G STEEL PRIVATE LIMITED [Strike Off] CIN = U27105BR1992PTC004985

Company & Directors' Information:- H L STEEL PVT LTD [Active] CIN = U27107AS1992PTC003726

Company & Directors' Information:- K V M STEEL PRIVATE LIMITED [Active] CIN = U29141DL1988PTC031248

Company & Directors' Information:- K STEEL PRIVATE LIMITED [Strike Off] CIN = U27104JH1973PTC000998

Company & Directors' Information:- R. J. STEEL PRIVATE LIMITED [Active] CIN = U28112MH2009PTC193047

Company & Directors' Information:- M M STEEL PRIVATE LIMITED [Active] CIN = U27107MH2001PTC131270

Company & Directors' Information:- B L STEEL PVT LTD [Active] CIN = U51909WB1981PTC034021

Company & Directors' Information:- R K G STEEL PRIVATE LIMITED [Active] CIN = U27109DL2004PTC128852

Company & Directors' Information:- V B STEEL PRIVATE LIMITED [Active] CIN = U28112MH2010PTC211691

Company & Directors' Information:- I B STEEL COMPANY PRIVATE LIMITED [Strike Off] CIN = U28910MH2010PTC211344

Company & Directors' Information:- J S C STEEL PRIVATE LIMITED [Active] CIN = U27106UP2013PTC061568

Company & Directors' Information:- S. M. STEEL PRIVATE LIMITED [Active] CIN = U51101MH2013PTC239811

Company & Directors' Information:- R K P STEEL LTD [Active] CIN = L27109WB1980PLC033206

Company & Directors' Information:- C P STEEL PRIVATE LIMITED [Active] CIN = U27100WB2008PTC127447

Company & Directors' Information:- A. K. J. STEEL PRIVATE LIMITED [Active] CIN = U28112WB2010PTC144880

Company & Directors' Information:- C D STEEL PVT LTD [Under Liquidation] CIN = U27109WB1981PTC034340

Company & Directors' Information:- T M S STEEL PRIVATE LIMITED [Strike Off] CIN = U02710TZ1996PTC007498

Company & Directors' Information:- P M R STEEL PRIVATE LIMITED [Active] CIN = U51102DL2003PTC122675

Company & Directors' Information:- C T STEEL PVT LTD [Active] CIN = U27109WB2005PTC106634

Company & Directors' Information:- P G STEEL PVT LTD [Strike Off] CIN = U24111AS1998PTC005409

Company & Directors' Information:- A AND S STEEL PRIVATE LIMITED [Active] CIN = U63090DL1987PTC027835

Company & Directors' Information:- J S STEEL PRIVATE LIMITED [Active] CIN = U52190CT1978PTC001432

Company & Directors' Information:- U M STEEL PRIVATE LIMITED [Strike Off] CIN = U27209TN1986PTC013670

Company & Directors' Information:- L N STEEL PRIVATE LIMITED [Active] CIN = U27310WB2007PTC118206

Company & Directors' Information:- K. D. W. STEEL PRIVATE LIMITED [Active] CIN = U28910UP2011PTC043976

Company & Directors' Information:- R. N. STEEL PRIVATE LIMITED [Active] CIN = U27100WB2007PTC116588

Company & Directors' Information:- P M STEEL PRIVATE LIMITED [Active] CIN = U27105MP1982PTC001915

Company & Directors' Information:- M R STEEL (INDIA) PRIVATE LIMITED [Active] CIN = U27100TG2013PTC088808

Company & Directors' Information:- C K STEEL PVT LTD [Active] CIN = U29150WB1975PTC030259

Company & Directors' Information:- K STEEL & COMPANY PVT LTD [Strike Off] CIN = U51909WB1991PTC053960

Company & Directors' Information:- N S STEEL PVT LTD [Strike Off] CIN = U27106PB1980PTC004266

Company & Directors' Information:- R C STEEL PVT LTD [Strike Off] CIN = U28112AS1980PTC001811

Company & Directors' Information:- P D STEEL PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC038426

Company & Directors' Information:- A K STEEL PVT LTD [Strike Off] CIN = U99999DL1961PTC003566

Company & Directors' Information:- H S P STEEL PRIVATE LIMITED [Strike Off] CIN = U27100MH2013PTC242983

Company & Directors' Information:- D H STEEL PRIVATE LIMITED [Strike Off] CIN = U27109RJ2012PTC039742

Company & Directors' Information:- R A STEEL PRIVATE LIMITED [Active] CIN = U51909MH2014PTC253625

Company & Directors' Information:- N. V. STEEL PRIVATE LIMITED [Strike Off] CIN = U27310DL2009PTC186541

Company & Directors' Information:- K. D. STEEL PRIVATE LIMITED [Strike Off] CIN = U28939DL2012PTC244467

Company & Directors' Information:- STEEL INDIA PRIVATE LIMITED [Strike Off] CIN = U00349KA1958PTC001309

    MFA. No. 23798 of 2013 (WC)

    Decided On, 06 November 2019

    At, High Court of Karnataka Circuit Bench At Dharwad

    By, THE HONOURABLE MR. JUSTICE ALOK ARADHE & THE HONOURABLE MR. JUSTICE P.G.M. PATIL

    For the Appellants: Sangram S. Kulkarni, Advocate. For the Respondent: V.M. Sheelvant, Advocate.



Judgment Text

(Prayer: MFA filed under Section 30(1) of WC Act, against the judgment and order dated 04.10.2011 passed in Kanapa/Cr-120/2011 (F) on the file of Labour Officer and Commissioner for Workmen’s Compensation, Sub-Division-II, Bellary, partly allowing the claim petition for Compensation and seeking enhancement of Compensation.)Alok Aradhe, J.1. In this appeal under Section 30 of the Workmen’s Compensation Act, 2009 (hereinafter referred to as the “the Act” for the sake of brevity), the appellants have assailed the validity of the award dated 04.10.2011passed by the Commissioner for Workmen’s Compensation.2. The appeal was admitted on the following substantial question of law:“Whether the Commissioner for Workmen’s Compensation committed an error of law in deciding the claim of the appellant under the provisions of Workmen’s Compensation Act, in view of the fact that the provisions of Employees Compensation Act, 1923, it came into force with effect form 18.01.2010 and the accident took place on 02.08.2011?”3. Facts giving rise to filing of this appeal briefly stated are that the deceased Prashant, who was working as Assistant Manager inside the factory at about 3.30 a.m. on 02.08.2011, fell inside the water pit and sustained serious bodily injuries and succumbed to injuries in Jindal Sanjeevini Hospital. The deceased was aged about 26 years and was drawing a gross salary of Rs.41,062/- per month. Thereafter, the claimants filed the petition before the Commissioner for Workmen’s Compensation claiming compensation on account of death of deceased Prashant.4. The respondent resisted the petition by denying the averments made in the petition.5. In the proceeding before the Commissioner for Workmen’s Compensation, the claimants got examined himself as PW1 and relied upon exhibits P1 to P9. One of the officers of the respondent got himself examined as RW1. The Commissioner for Workmen’s Compensation had allowed the claim in part and awarded compensation to the tune of Rs.8,61,120/-, being aggrieved, this appeal has been filed.6. Learned counsel for the appellants submitted that the provisions of the Employee’s Compensation Act, 1923, had come into force with effect from 18.01.2010 and the accident took place on 02.08.2011 and therefore the Commissioner for Workmen’s Compensation grossly erred in assessing the compensation as per the provisions of Employee’s Compensation Act, 1923, which was already repealed. It is further submitted that as per the provisions of Employee’s Compensation Act, 1923, which came into force on 18.01.2010, half of the net salary of the deceased was required to be computed with a factor of 215.28, which was to be taken into account while computing the amount of compensation. The aforesaid aspect of the matter has not been disputed by the learned counsel for the respondent.7. We have considered the submissions made on both the sides and have perused the records. Admittedly, the provisions of Employee’s Compensation Act, 1923 came into force with effect from 18.01.2010 and the accident has taken place thereafter that is on 02.08.2011. Therefore, the computation of compensation has to be made in accordance with the provisions of Employee’s Compensation Act, 1923, whereas the computation of compensation has been made under the provisions of Workmen’s Compensation Act, which was already repealed. Therefore, the Commissioner for Workmen’s Compensation has committed an error of law in applying the provisions of the Act, which was already repealed. Therefore the substantial question of lawframed by this Court is answered in favour of the appellants.8. Now we may advert to the amount of compensation payable to the claimants. Admittedly, the deceased was employed as Assistant Manager and was drawing a gross salary of Rs.41,062/- per month. The net salary which was payable to the deceased was Rs.32,926/- per month. Half of the net salary has to be taken into account for the purpose of computation of compensation which comes to Rs.16,463/- and after apply the factor of 215.28, the amou

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nt of compensation comes to Rs.35,44,154/-. The enhanced amount shall carry interest at the rate of 12% per annum from the date of death, till its realization. Needless to state that in terms of the order dated 05.07.2017, the claimants shall not be entitled to interest for a period of 660 days. In view of the proceeding analysis, award passed by the Commissioner for Workmen’s Compensation is hereby set aside. In the result, the appeal is allowed.
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