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• It considers compensation payable by an employer to his workmen in case of an accident as a measure of relief and social security • To get compensation irrespective of his negligence. • It also lays down various amount payable in case of an accident depending upon the type and extent of injury.
• Workman means any person other than a person whose employment is of a casual nature and who is employed otherwise then for the purposes of the employers trade or business.
WHAT IS INCLUDED IN COMPENSATION? • • • • • • SALARY WAGES BONUS COMMISSION ALLOWANCES FEES .
(1)He has field a claim under the workmen’s compensation act. • Sec.1923. or .1923. • If any court of law if.Ways open to workmen for claiming compensation • Injured workmen may either file a civil suit for damages against the employer or claim compensation under the workmen’s compensation act.3(5) provides that no claim foe compensation can be made under the Act if the workmen has failed a civil suit.
(2) There is an agreement between the workmen and his employer providing for the payment of compensation according to the provision of the workmen’s compensation Act. • A civil suit is a risky and costly affair. 1923. • It extends to the whole of India.1923 is safe and less costly.Cont. . • A claim under the workmen’s compensation Act.
Amount of compensation The amount of compensation payable to a workman depends on : 1)The nature of injury 2)The monthly wages of workman concerned • According to new sec (as substituted) by the amendment act 1984 provided compensation for: .
contd • • • • 1)death 2)permanent disablement 3)total disablement 4)temporary disablement whether total of partial .
20. • DEPENDENT(Sec.Definitions • Sec.2(1)(b)) means a commissioner foe workmen’s compensation appointed under sec.2 gives the definitions of the terms used in the act.2(1)(d)) defines the term dependent by giving a long list of persons covered by the term dependent. . In ordinary usage. a person who depends upon another for his livelihood. • COMMISSIONER(Sec.
• EMPLOYER(Sec.2(1)(e)) includesi. and iii. . Any managing agent of an employer. ii.Cont. The legal representative of a deceased employer. Any body of persons whether incorporated or not.
it may result in loss or reduction of his earning capacity • PARTIAL DISABLEMENT: It means any disablement as reduces the earning capacity of a workman as result of some accident. • It may be temporary or permanent .Cont… • DISABLEMENT: it mean loss of capacity to work or move.
1996 PLACE: MADHYA PRADESH FACTS: The claimant(respondent 1) was employed as a truck cleaner/conductor owned by respondent 2 • The truck was insured .CASE LAW : UNITED INDIA INSURANCE CO LTD V. BALWANT SINGH • • • • CASE DATE: 9TH FEB.
1992 • The truck conductor(r1) received multiple injuries as a result of which leg of the conductor was amputed below the knee • The commissioner after recording the evidence determined the loss of earning capacity at 50% as respondent was not able to perform his duties and he was permanently disabled.contd • The truck met with an accident on June 22. .
05. . 1.contd • The truck conductor CLAIMED a compensation of Rs.895-/ with interest at the rate of 12% from the date of accident.
QUESTION ARISED AND THE FACTS • The question arised in the court whether he will receive the amount along with interest which he claimed? • And so he filed a case The only contention raised in this appeal is that nature of injury was described in serial no. 20 of part 2 of schedule of the act .
if 50% loss of earning capacity arises . 62000-/ can be awarded with respect to injury(whether partial or permanent disablement) • This amount is statutorily fixed by legislature and hence the claim awarded could not exceed Rs 62000/- .Decision • According to the act in a manner prescribed in schedule 6 of the act.the amount of not more than Rs.
ORG .CASE REFERENCE:INDIAKANOON.
plt^.mine.factory.The Maternity Benefit Act.shops 10 or more employees eligible goverment ESI act employee Prohibition of employment a) Employer Maternity benefit b) employee b) Avg daily wage a) Right to payment . 1961 amendment 1988 Scope and coverage: Applicability:.
• Conditions for payment:80 days/12 mths Max 12 weeks Medical bonus Death Notice for claim Mode of payment Dismissal during absence Leave and nursing breaks Miscarriage Other leave Nursing breaks .
Inspectors • • • Powers and duties Direct payment Appeal Penalty and offences • a) contravention of act by employer • b) obstructing inspector .
. engaged by the Municipal Corporation of Delhi. SAGHIR AHMAD. Their case was espoused by the Delhi Municipal Workers Union "Whether the female workers working on Muster Roll should be given any maternity benefit? “ The Union filed a statement of claim in which it was stated that Municipal Corporation of Delhi employs a large number of persons including female workers on muster roll and they are made to work in that capacity for years together though they are recruited against the work of perennial nature. therefore. Female workers (muster roll).: Special Leave Petition (civil) 12797 of 1998 DATE OF JUDGMENT: 08/03/2000 S. J. It was further stated that the nature of duties and responsibilities performed and undertaken by the muster roll employees are the same as those of the regular employees.CASE NO. they were not entitled to any maternity leave.raised a demand for grant of maternity leave which was made available only to regular female workers but was denied to them on the ground that there services were not regularised and.
have to work very hard in construction projects and maintenance of roads including the work of digging trenches etc. 1961. . It was for these reasons that the Corporation contended that the demand of the female workers (muster roll) for grant of maternity leave was liable to be rejected. pleaded that the provisions under the Maternity Benefit Act. which have been working with the Municipal Corporation of Delhi for years together. 1948. It was also contended that they were not entitled to any benefit under the Employees' State Insurance Act. The denial of these benefits exhibits a negative attitude of the Corporation in respect of a humane problem. The Corporation in their written statement.The women employed on muster roll. It was pleaded that the female workers required the same maternity benefits as were enjoyed by regular female workers under the Maternity Benefit Act. engaged on muster roll. but the Corporation does not grant any maternity benefit to female workers who are required to work even during the period of mature pregnancy or soon after the delivery of child. as they were all engaged only on daily wages. filed before the Industrial Tribunal. 1961 or Central Civil Services (Leave) Rules were not applicable to the female workers.
1961 to muster roll female workers who were in the continuous service of the Corporation for three years or more. by its Award dated 2nd of April. 64 of 1998). The Letters Patent Appeal (LPA No. 1996. allowed the claim of the female workers (muster roll) and directed the Corporation to extend the benefits under the Maternity Benefit Act.The Tribunal. The Corporation challenged this judgment in a Writ Petition before the Delhi High Court which was dismissed by the Single Judge on January 7. filed thereafter by the Corpo-ration was dismissed by the Division Bench on March 9. 1997. 1998 on the ground of delay. .