WORKMEN COMPENSATION ACT,1923

SOCIAL SECURITY with special reference to Workmen·s Compensation Act, 1923 According to I.L.O, ´Social security is the protection which society provides for its members through a series of public measure, against the economic and social distress that otherwise would be caused by the stoppage or substantial prediction of earning resulting from sickness, maternity, employment, injury, unemployment, invalidity, old age and deathµ

NEED FOR EXTENDING SOCIAL SECURITY

Employee demands Trade union demands employer·s preference as a social security to improve human relations.

OBJECTIVES
‡ ‡ ‡ ‡ ‡ Sound relations Boost up employee morale Security against social risk Safety against accident Sense of belongingness

TYPES
For employment security For health protection For old age & retirement For personnel identification, participation & stimulation

SOCIAL SECURITY IN INDIA CONSISTS OF THE FOLLOWING LEGISLATIONS

‡ ‡ ‡ ‡

The workmen·s compensation act, 1923 Maternity Benefit act, 1961 Payment of Gratuity act, 1972 Employees· provident funds & Miscellaneous Provisions Act, 1952

THE WORKMEN·S COMPENSATION ACT, 1923 The Growing complexity of industry in this country, with the increasing use of machinery and consequent danger to workmen, along with the comparative poverty of the workmen themselves renders it advisable that they should be protected, as far as possible, from hardship arising from accidentsµ Gazette of India 1922

OBJECT OF THE ACT
To provide some means of livelyhood for the workman who, by reason of accidental injury arising out of his employment, has suffered a loss of earning capacity.

SCOPE & APPLICATION
The Act applies to workmen employed in factories, mines, transport establishments, construction works, railways, plantations, ships and other hazardous occupations and employments specified in schedule II to the Act.

PRINCIPLES\ CONCEPTS
‡ DOCTRINE OF ADDED PERIL:
It means when a workmen do something other than the assigned work by the employer to him, and the work involves extra danger & risk for which the employer cannot be held liable.

‡ SELF-INFLICTED INJURY- According to this
principle the workmen if gets injured due to his own negligence and not by an accident, he cannot held the employer liable for the same.

‡ CONTRIBUTORY NEGLIGENCE- Under this
principle, if the workmen meet an accident during his course of employment and the treatment is given to him by the employer & the same is re-employed but afterwards the workmen dies due to that injury. This accounts negligence on part of both employer & workmen & thus the employer cannot reduce compensation on account of this principle.

‡ COMPENSATION- Sec 2(1)(c) says that compensation as
provided for by this act.

‡ DEPENDENT- Acc. to sec. 2(1)(d) dependent is divided in to three categories. (1) It includes a minor legitimate or adopted son, an unmarried legitimate or adopted daughter & a widowed mother. They are deemed in law as dependents of a workman. (2) It includes a son & a daughter. (3) It includes dependents who are wholly or in partly dependent on the earnings of workman at the time of his death.

‡ PARTIAL DISABLEMENT- Sec. 2(1)(g) defines partial disablement. It is of two kinds. (1) Temporary partial disablement: If the earning capacity of a workman is reduced in relation to the employment he had been at the time of accident. (2) Permanent partial disablement: If the injury caused by an accident results in the reduction of earning capacity in respect of employment, which the workmen was capable of undertaking at the time of accident.

‡ TOTAL DISABLEMENT-

Sec 2(1)(1) of the act says that when a workmen is incapacitated from doing any work which he was capable of performing at the time of accident resulting in total disablement.

EMPLOYER·S LIABILITY FOR COMPENSATION An employer is liable to pay compensation to a workman- For personal injury caused to him by accident, For any occupational disease contracted by him

CRITICISM
‡ Repetition of benefits in different schemes ‡ No effective implementation of social securities act ‡ It covers organized sector

Social Security is a comprehensive approach designed to prevent deprivation, assure the individual of a basic minimum income for himself and his dependents and to protect the individual from any uncertainties. The State bears the primary responsibility for providing protection and assistance to its workforce. Social Security is increasingly viewed as an integral part of the development process. It helps to create a more positive attitude to the challenge of globalization and the consequent structural and technological changes

CONCLUSION

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