PLR - Supreme Court e@Journal - Service Law Updates

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Employees Compensation Act (8 of 1923), S.4-  Compensation claim - Deceased, driver of Public Transport Bus, fell off the roof of the bus accidentally and died - duty of the deceased got over at 7:30 pm and he is stated to have fallen off the bus after duty hours at 8:30 pm. – Deceased while coming down the roof of the bus of which he was a driver, after eating his meal fell accidentally - Deceased present at bus terminal and remained with bus even after arrival of bus at destination, not by choice, but by compulsion and necessity of duty as he was travel back in the same bus after a break – There was a clear nexus between the accident and the employment to apply the doctrine of "notional extension" of the employment - The re-quirement of the deceased to stay with the bus was integrally connected with the efficiency of the service to be provided to the public by respondent No.1 and the deceased was not present at the bus terminal with the bus in his nature as a mem-ber of the public by choice, we see no reason why the doctrine of notional extension of the employment will not be applicable - Death of deceased occurred during course of and arising out of employment – entitled to claim - Doctrine of 'notional extension' of employment - Applicability. 2019 SCeJournal 373


 

Industrial Disputes Act (14 of 1947), S.38,  S.17A- West Bengal Industrial Disputes Rules (1958), R.20B(5),  R.21- Ex-parte award - Application filed by the company for recall of the ex parte order was after 30 days of publication - Neither notice under R. 21,  nor written statement filed by workman was served upon Employer-Company before ex-parte hearing - Violation of R. 20-B(5) and principles of natural justice - Can be ground for setting aside ex-parte award - Rejection of application by Tribunal on ground of becoming functus officio since application was filed after 30 days from publication of award was not justified -  Constitution of India, Art.14. 2019 PLR SCeJournal 373


Service matter - Seniority -  Appointments are made of the teaching staff strictly in terms guidelines annexed to Schedule ‘F’ to the Rules, which envisages total continuous service rendered by the person in that particular cadre in any school or college, as the case may be, which may be a relevant consideration for the purpose of seniority and for promotion and later confirmation or becoming permanent in the cadre of teaching staff may not be the decisive factor for the purposes of determination of seniority of the teaching staff in the cadre under the scheme of Rules, 1981. *2019 SCeJournal 81* Click here