Employee can’t claim over Rs 8,000 if injured while in service: Madras HC
PTI, Jan 29, 2020, 12:03 PM IST
Madurai: The Madras High Court on Tuesday ruled that no one injured permanently while in service can claim over Rs 8,000 per month, even if he or she were drawing over the amount as salary.
Justice S Vaidyanathan cited a government order (GO) issued under the Minimum Wages Act while rejecting an appeal of Sekar against the order of the Joint Commissioner of Labour who awarded a compensation of Rs 8,000 as wages instead of fixing 100 per cent of his last drawn wages.
According to the GO, even if the salary of a person permanently injured while working exceeds Rs 8,000, the compensation should be fixed as if the monthly wages were only Rs 8,000 and not above.
Though a new notification has been issued by the central government on January 3, 2020, enhancing the monthly wages for such persons from Rs 8,000 to Rs 15,000, the increased amount cannot be given to the appellant as the notification issued on May 31, 2010, had fixed the monthly wages as Rs 8,000 at the time of accident.
Justice Vaidyanathan of the court’s Madurai bench said the issue raised on the enhancement of wages had been rightly answered by the authority and the court finds no reason whatsoever to interfere with the finding and rejected the appeal.
The court cannot exercise the legislative powers and fix any amount, as it thinks it fit on account of the fact that the claim does not fall under the provisions of the Motor Vehicles Act, the judge said.
The petitioner, who worked in the State Express Transport Corporation, submitted that the wages should be taken as Rs 12,000 which he was earning while fixing the wages, but the judge rejected the appeal.
Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.
Top News
Related Articles More
Airfare hike not linked to rise in airport charges: Airports Council International
Markets decline in early trade on profit-taking after record rally
NCLT recalls order on Zee-Sony merger, allows withdrawal of scheme
SpiceJet shareholders approve Rs 3,000 cr fund raising plan
Inflation moderated but we still have distance to cover: RBI Guv Das
MUST WATCH
Latest Additions
Karnataka Cabinet adopts resolution asking Centre to grant Rs 5,000 cr. for backward region
DGCA probes tail strike incident involving IndiGo plane; derosters flight crew
Fire at rubber smoke house in Belthangady; Loss exceeds Rs 2 lakh
Two Hindu girls ‘abducted’ in Pakistan’s Sindh province, community demands protection
Chess Olympiad: Indian men to take on China; Women up against Georgia
Thanks for visiting Udayavani
You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.