TAMIL NADU NATIONAL LAW SCHOOL

B.A.LL.B., (HONS.),

LABOUR LAW

BY:-

R.DINESH KUMAR

BA0140015

SECTION-A

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 Compensation paid for injuries to workers working in mines

Introduction:-

Compensation for workers in India varies depending on the size of the company. If the
business employees more than 20 employees, the Employees State Insurance Act, 1948
applies. Under this act, employees and the company pay toward an insurance benefit in case
of injury. When a workplace injury occurs (during the course of employment), the injured
employee is able to avail of both medical and financial support.

If the business employs less than 20 people, the company must refer to the Workmens
Compensation Act, 1923. This act outlines methods for providing compensation to
employees injured on the job. The Workmens Compensation Act is particularly pertinent to
small office places and small-scale manufacturing operations.

The Mines Act, 1952 came into force on 1st July, 1952. Mines Act, 1952 was legislated with
the purpose of regulating the health and safety of labourers working in the mines

Issue:-

When do Employers Need to Compensate an Injured Employee?

The Workmen Compensation Act requires employers to compensate an employee if the

employee is injured while performing their duties during work hours. Beyond this, the injury
must be deemed to have disabled the employee.

Although assessing whether the employee was injured while performing work duties can be
difficult, the definition for disabled is quite clear. Under the Workmen Compensation Act,
there are four types of disability, which are compensated in different methods. The four
categories of disability are death, permanent total disability, permanent partial disability and
temporary disability.

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Death:-

In the unfortunate case of a death, the workers immediate dependents are entitled to
compensation. A workers compensation for death during the course of employment is half
the workers monthly wage multiplied by a factor based on the employees potential future
earnings.

Permanent Total Disability:-

Permanent total disability is relevant when a worker can no longer perform any of their
previous duties due to an on-the-job injury. This injury must be assessed to permanently
affect the employees ability to perform their duties.

In this case, the worker is entitled to 60 percent of their monthly wage multiplied by a factor
based on the employees potential future earnings. The total payment must be a minimum Rs.
1,40,000/-, but this figure can be significantly larger based on the actual age of the injured
employee.

Permanent Partial Disability:-

When an employee has sustained an injury that renders them unable to perform their role at
the same capacity for the rest of their career, the employee is entitled to permanent partial
disablement compensation.

Temporary Disability:-

Employees that sustain injuries that render them disabled, permanently or partially, for a
temporary period are compensated through temporary disability.

The Workmens compensation act dictates that if that if the employer and injured employee
cannot come to an agreement on compensation, the dispute will be settled in a court of law.
Any such court case will likely involve testimony from the employees family, co-workers
and workplace supervisors. These cases are costly and time-consuming for both the employer
and the injured employee.

The Mines Act, 1952:-

It came into force on 1st July, 1952. The provisions of the said Act came into force on
different dates but not later than 31st December, 1953 as has been mentioned in the Act. The

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applicability of the Act is extended to the whole of India. Mines Act, 1952 was legislated
with the purpose of regulating the health and safety of labourers working in the mines. Mines
Act, 1952 consists of 88 sections divided into 10 chapters. The said Act came into existence
solely for the safety and health and welfare of workers working in the mines. The Act
however, defines as to what is a mine. As per clause (j) of section 2 of the Act, mine means
the place where any excavation work is carried on for the searching and obtaining of
minerals. Minerals as per clause (jj) of section 2 means those substances which can be
obtained from the earth by means of digging, dredging, drilling, mining or through other
operations.

The Workmens Compensation Act, 1923:

The Workmens Compensation Act, 1923 provides for payment of compensation to

workmen and their dependants in case of injury and accident (including certain
occupational disease) arising out of and in the course of employment and resulting in
disablement or death. The Act applies to railway servants and persons employed in any
such capacity as is specified in Schedule II of the Act. The schedule II includes persons
employed in factories, mines, plantations, mechanically propelled vehicles, construction
works and certain other hazardous occupations.

CHAPTER II. WORKMENS COMPENSATION:-

Employers liability for compensation (1) If personal injury is caused to a workman by
accident arising out of and in the course of his employment his employer shall be liable to
pay compensation in accordance with the provisions of this Chapter : Provided that the
employer shall not be so liable - (a) in respect of any injury which does not result in the
total or partial disablement of the workman for a period exceeding three days; (b) in respect
of any injury not resulting in death or permanent total disablement caused by an accident
which is directly attributable to - the workman having been at the time thereof under the
influence of drink or drugs or the wilful disobedience of the workman to an order expressly
given or to a rule expressly framed for the purpose of securing the safety of workmen or the
wilful removal or disregard by the workman of any safety guard or other device he knew to
have been provided for the purpose of securing the safety of workman.

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Schedule II in the Workmen Compensation Act,1923 there is a list of persons who, subject
to the provisions of section 2 (1)(a) are included in the definition or workmen

SCHEDULE II see section 2 (1) (n)

.. (v) employed in any mine as defined in clause (j) of section 2 of the Mines Act 1952
(35 of 1952) in any mining operation or in any kind of work other than clerical work
incidental to or connected with any mining operation or with the mineral obtained or in any
kind or work whatsoever below ground.

Schedule III in the Workmen Compensation Act,1923 there is a List of Occupational

Disease as defined under section 3

The amount of compensation to be paid depends on the nature of the injury and the average
monthly wages and age of workmen. The minimum and maximum rates of compensation
payable for death (in such cases it is paid to the dependents of workmen) and for disability
have been fixed and is subject to revision from time to time.