CENTRAL MINE PLANNING AND DESIGN INSTITUTE LTD. versus RAMU PASI AND ANR.

CENTRAL MINE PLANNING AND DESIGN INSTITUTE LTD. versus RAMU PASI AND ANR.

A casual worker is not covered by the definition of workman under Section 2(n) of the Workmen's Compensation Act, 1923, and without evidence of employment for the purposes of the employer's trade or business, the claim petition before the Labour Court was not maintainable.

Parties
Appellant: Central Mine Planning and Design Institute Ltd.; Respondent: Ramu Pasi
Jurisdiction
India
Judgment Date
08 December 2005
Procedural Posture
Civil Appeal / Appeal From Patna High Court Decision in M.a. No. 153 of 1992(r), Along With Civil Appeal No. 980 of 2000
Outcome
Appeals disposed of
Legal Topics
Workmen's Compensation, Definition of Workman, Casual Worker Exclusion
Labour Law Workmen's Compensation Definition of Workman Casual Worker Exclusion

Case Brief

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Parties

Central Mine Planning and Design Institute Ltd.

Appellant

Ramu Pasi

Respondent

Procedural Posture

Civil Appeal / Appeal From Patna High Court Decision in M.a. No. 153 of 1992(r), Along With Civil Appeal No. 980 of 2000

Legal Issues

  1. 1 Whether a casual worker is covered under the definition of 'workman' for purposes of claiming compensation under the Workmen's Compensation Act, 1923.
  2. 2 Whether the claim petition before the Labour Court was maintainable.

Ratio Decidendi

A casual worker is not covered by the definition of workman under Section 2(n) of the Workmen's Compensation Act, 1923, and without evidence of employment for the purposes of the employer's trade or business, the claim petition before the Labour Court was not maintainable.

Court Disposition

Appeals disposed of

Orders

  • If compensation already paid, it shall not be recovered.
  • If compensation not paid, it shall be paid forthwith.