Mohmad Rabani v. Peer Khan & Ors.
Case brief
What is this about?
This order addresses a gap where Commissioners, Employees' Compensation failed to examine applicability of Section 45 of the Building Workers Act for large construction projects. The Court issued notice to the Government of NCT of Delhi to submit a note of submissions and suggested directions.
What did the court decide?
Note to ASC for GNCTD to submit brief note with suggestions for directions to Commissioners within one week.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI 13
- FAO 590/2016
MOHMAD RABANI ..... Appellant Through: NEMO. versus
PEER KHAN & ORS ..... Respondents Through: Mr. Kamal Deep, Advocate for respondents No.1 to 5
14 + FAO 597/2016
AMAR JYOTI ..... Appellant Through: NEMO. versus
PEER KHAN AND ORS ..... Respondents Through: Mr. Kamal Deep, Advocate for respondents No.1 to 5
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CORAM: HON'BLE MR. JUSTICE J.R. MIDHA O R D E R 09.10.2017
- These cases relate to the construction of a residential house in which more than 10 workers were employed during the construction and the cost of construction was more than Rs.10 lakh. The owner of the building has been held liable to pay compensation under Section 45 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 read with Section 12 of the Employees’ Compensation Act.
Issues for consideration
2 issues framed by the court
Whether Commissioners, Employees' Compensation are examining applicability of Section 45 for deaths/injuries in construction of buildings costing over Rs.10 lakh with more than 10 workers.
Whether directions need to be issued to Commissioners, Employees' Compensation regarding implementation of Section 45.
Parties & counsel
- appellant
MOHMAD RABANI
- appellant
AMAR JYOTI
- respondent
PEER KHAN & ORS
Coram
Case details
As recorded by the court registry
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