COMMERCIAL & INDUSTRIAL LAW
Includes any body of persons whether incorporated or not, and any managing agent of anemployer, and the legal representative of a deceased employer, and, when the services of aworkman are temporarily lent or let on hire to another person by the person with whom theworkman has entered into a contract of service or apprenticeship, means such other personwhile the workman is working for him;
Includes any privilege or benefit which is capable of being estimated in money, other than atravelling allowance or the value of any travelling concession or a contribution paid by theemployer a workman towards any pension or provident fund or a sum paid to a workman tocover any special expenses entailed on him by the nature of his employment;
Means any person (other than a person whose employment is of a casual nature and who isemployed otherwise than for the purposes of the employer’s trade or business) who is - (i) arailway servant as defined in clause (34) of section 2 of the Railways Act, 1989 (24 of 1989), notpermanently employed in any administrative, district or sub-divisional office of a railway andnot employed in any such capacity as is specified in Schedule II.
Total disablement Partial disablement Incapacitates workman for all work which he was capableof doing at the time of accident Temporary Permanent Reduces earning capacity of workmanin any employment in which he was engaged at the time of accidentReduces earning capacity of workman in every employment in which he was engaged at thetime of accident.
Main Provisions of the Act
Injury / Diseases arising out of and in course of employment are payable –The term ‘arising out of and in the course of employment’ means that Compensation is payableonly in those injury/diseases where the employment is the immediate and proximate cause of the said injury/disease. In other words, the injury/disease would not have occurred had theworkman not been employed in the particular employment.Compensation payable – The Workmen’s Compensation payable as per the act is as under :Compensation1.Death due to injury 50% of wages * Relevant factor OR Rs 80,000/- , whichever is more,2.Permanent total disablement due to injury 60% of wages * Relevant factor ORRs 90,000/- , whichever is more,3.Permanent Partial disablement due to injury % of compensation as is payable in (ii) or %of compensation proportionate to loss of earning capacity,