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AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS
Workmen¶s Compensation Act, 1923
Dr. T.K. Jain.
Centre for social entrepreneurship Bikaner M: 9414430763 email@example.com www.afterschool.tk, www.afterschoool.tk
AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS
Objectives of the law«
One of the oldest legislation of social security in India. a workman who dies or suffers disablement (partial or total) due to accident is entitled to get compensation.
AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS
afterschoool. however.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 4 . (where ESI Act is not applicable). Sunil Industries v. this act is applicable even when only one worker is employed and it is not a not a factoryµ under Factories Act.Coverage ± even if one worker is employed« The act is applicable on factories etc. www. Ram Chander 2000 AIR SCW 4109 = 2001 LLR 64 = 2000(7) SCALE 415.
www.afterschoool.Workmen under the act: Section : 2(1)(n) Workmanµ means * railway servant * crew of ship * Crew of aircraft * Driver. can add new class of workmen in schedule II after giving at least 3 month notice. cleaner. helper or mechanic of motor vehicle * Person recruited abroad * Employed in capacity specified in Schedule II The central govt.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 5 . or state govt.
loading/unloading. ship. horticulture. electricity generation and distribution. drivers. fishing. circus etc. Persons employed outside are also covered. rearing of live stock is covered if more than 25 persons are employed.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 6 .Schedule II It includes manufacturing process. www. persons employed in clerical capacity are excluded. explosives. However. construction. mine.afterschoool. Cultivation of land.
www.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 7 .Mode of compensation« Mode of computation of compensation is given in section 4 of the Act.afterschoool. It is payable to dependents of workman in case of death. Compensation is payable to workmen.
However. and such accident causes either death or disablement. ships. tractor or mechanical appliances in agriculture. construction. including those employed through contractor.Coverage : all the workers in factories etc.afterschoool. The Act does not cover employees employed in clerical capacity. watchmen etc. are covered« Every employee. www.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 8 . and also drivers. are covered. workmen in manufacturing processes. but excluding casual employees who is engaged for purpose of employerµs business is eligible. mines. circus etc. The compensation is payable if accident arises out of and during the cause of employment.
as per section 53 of ESIC.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 9 . www. a workman covered under ESI Act is not entitled to get compensation under Workmenµs Compensation Act.employees covered under ESIC not to be covered by this law Employee State Insurance Act is also similar law and therefore a worker cannot get compensation under two laws Since a workman is entitled to get compensation from ESIC.Coverage«.afterschoool.
tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 10 .afterschoool. [section 3(1)] www.Employer¶s liability to pay compensation An employer is liable to pay compensation if personal injury is caused to a workman by accident arising out of and in the course of his employment.
the employer will be liable].tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 11 . [Even if such case.Exceptions ± when compensation is not available : In case of Injury which does not result in total or partial disablement of workman for a period exceeding 3 days Injury caused by an accident directly attributable to workman under influence of drinks or drugs willful disobedience of express orders for safety willful removal of safety guard or device. www.afterschoool. if the workman dies or suffers permanent total disablement.
or a widowed mother (2) if wholly dependent. an unmarried legitimate or adopted daughter. minor legitimate or adopted son. daughter who has attained the age of 18 years.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 12 . 2(1) (d) : (1)widow. unmarried illegitimate daughter www.son.afterschoool. and who is infirm and (3) if wholly / partly dependent : Widower a parent other than widowed mother Minor illegitimate son.Who are dependent persons? Sec. .
tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 13 .afterschoool.Continued« Daughter legitimate or illegitimate or adopted if married and a minor or if widowed and a minor Widowed daughter in law A minor child of a pre=deceased son A minor child of a pre-deceased daughter where no parent of the child is alive A paternal grandparent. if no parent of the workman is alive www.
What is partial disablement? Where disablement reduces the earning capacity of the workman in the employment in which is was working at the time of accident .it is called temporary partial disablement. Where disablement reduces the earning capacity for all times in every employment in which he was capable earlier ± it is called permanent partial disablement. www.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 14 . Schedule I gives list of diseases which causes permanent partial disablement.afterschoool.
tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 15 .What is total disablement? Whether temporary or permanent ± which incapacitates a workman for all work which he was able to perform at the time of accident (mentioned in part I of schedule I or combination of injuries mentioned in Part II of schedule I. where the aggregate of such injuries is 100% or more) www.afterschoool.
Example: Pratap Narain Singh Deo Vs sriniwas Sabata : (1976) : a carpenter lost his left hand. it was held by the court that he suffered from total disablement ± as he would not get any job of carpentry ± as now he cannot do carpentry.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 16 . www.afterschoool.
Employment disease Employer is liable if a workman contracts any specified occupational disease. [section 3(2)].tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 17 .afterschoool. while he is in service of employer for at least 6 months. www.
Pennamna Kuriern .(1995) 84 Comp.afterschoool. but compensation was awarded under Workmenµs Compensation Act on the principle of no faultµ. 251 (Ker HC DB). claim of workmen for compensation under Motor Vehicle Act was rejected due to negligence of employee. In New India Assurance Co. v. Cas. Ltd.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 18 .Compensation payable ± even if no fault of employer The compensation is payable even when there was no fault of employer. www.
000 only for purpose of calculating the compensation.000. it will be considered as Rs 4. If salary exceeds Rs 4. [section 4(3)]. 80. www. 4.Quantum of compensation In case of death resulting from injury. lower the compensation).tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 19 . Maximum compensation is an amount equal to 50% of monthly wages of deceased workman multiplied by factor depending on age (More the age. minimum compensation is Rs. Maximum compensation is Rs.080 if a person at the time of death was 16 years of age an.afterschoool.500 are payable.000. In addition.57. funeral expenses upto Rs 2.
90. if workman was 16 years of age at the time of accident. compensation is payable on basis of percentage of loss of earning capacity. www.In case of permanent partial disablement.Quantum of compensation in case of disablement« In case of permanent total disablement.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 20 . Maximum compensation is an amount equal to 60% of monthly wages of deceased workman multiplied by factor depending on age (More the age. lower the compensation). 5. minimum compensation is Rs.afterschoool..000. .496.48. Maximum compensation payable is Rs.
Compensation ± protected« The compensation paid under the Act is protected.e.afterschoool. www.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 21 . i. [section 9]. it cannot be attached or assigned.
afterschoool. [section 12].Compensation ± liability of principal employer ± even if employed through contractor« Principal Employer is liable to pay the amount of compensation for the injury suffered by workman employed through contractor.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 22 . www. if the accident arises as a result of accident arising out of and during the course of employment.
[section 8(1)].afterschoool. if employer has paid some compensation to dependent.Payment of compensation through commissioner« A Commissioner for Workmenµs Compensation is appointed by Government. The compensation must be paid only through the Commissioner in case of death or total disablement. However. Direct payment to workman or his dependents is not recognised at all as compensation. www. in case of death. that will be refunded to employer. Any lump sum payment to workman under the Act must be made only through Commissioner.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 23 .
Expenditure by employer is not compensation« Expenditure made by employer for medical treatment of workman is not considered for purposes of the compensation. www.afterschoool.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 24 .
D K Yadavv.Punishment to employee for disobedience etc. Principles of natural justice have to be followed. 1993(67) FLR 111 (SC) = 1993 LLR 584 = 1993 AIR SCW 1995 = (1993) 3 SCC 259 = 1993(3) SCALE 39 = JT (1993) 3 SC 617 = 1993(2) LLN 575 (SC). www.afterschoool. Any punishment of suspension or dismissal can be imposed after conducting a Domestic Enquiryµ. Termination of an employee without following principles of natural justice is violative of Article 21 of Constitution . JMA Industries Ltd.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 25 .
tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 26 .afterschoool. (3) The employee should be given fair opportunity to cross examine the witnesses.Procedure of enquiry « For proper conduct of enquiry (1) Employee should be informed of charges leveled against him (2) Witnesses should be ordinarily examined before him. Workmen (1964) 3 SCR 616 = (1963) 2 LLJ 367 (SC) www. ± Sur Enamel v. including himself (4) The enquiry officer should record his findings with reasons.
An employee is not entitled to get compensation only if (a) he was drunk or had taken drugs (b) he wilfully disobeyed orders in respect of safety (c) he wilfully removed safety guards of machines. compensation cannot be denied on the ground that workman was negligent or careless. Santosh Raj 2001 LLR 164 (Ker HC DB).afterschoool. www. ± Mar Themotheous v.Compensation payable even if worker was careless« Compensation is payable even if it is found that the employee did not take proper precautions.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 27 . However.
tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 28 .About AFTERSCHO OL PGPSE .World¶s most comprehensive programme on social entrepreneurship ± after class 12th Flexible ± fast changing to meet the requirements Admission open throughout the year Complete support from beginning to the end ± from idea generation to making the project viable. www.afterschoool.
Branches of AFTERSCHO OL PGPSE programme is open all over the world as free online programme. www.afterschoool.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 29 . Those who complete PSPSE have the freedom to start branches of AFTERSCHO OL A few branches have already started one such branch is at KOTA (Rajasthan).
just send us a call and we will come to conduct the workshop on social entrepreeurship. www. club. These workshops are great moments of learning.afterschoool.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 30 .Workshop on social entrepreneurship We conduct workshop on social entrepreneurship ± all over India and out of India also . college. sharing.in school. and commitments. association or any such place .
business plan preparation and presentations of those plans in conferences / seminars www. articles / reports writing & presentation of them in conferences / seminars 3.FREE ONLINE PROGRAMME AFTERSCHO OL is absolutely free programme available online ± any person can join it.afterschoool. The programme has four components : 1. case studies ± writing and analysing ± using latest tools of management 2. Study material / books / ebooks / audio / audio visual material to support the study 4.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 31 .
tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 32 .afterschoool.100% placement / entrepreneurship AFTERSCHO OL has the record of 100% placement / entrepreneurship till date Be assured of a bright career ± if you join AFTERSCHO OL www.
Many students are doing CA / CS/ ICWA / CMA / FRM / CFP / CFA and other courses along with PGPSE. Come and join AFTERSCHO OL www.tk AFTERSCHO OL's MATERIAL FOR PGPSE PARTICIPANTS 33 .Pursue professional courses along with PGPSE AFTERSCHO OL permits you to pursue distance education based professional / vocational courses and gives you support for that also.afterschoool.