THE EMPLOYEE’S COMPENSATION ACT.1923 PART 1

Ø  THE EMPLOYEE’S COMPENSATION ACT.1923
(THE WORKMEN’S COMPENSATION ACT)
INDUSTRIAL LAW

(THE WORKMEN’S COMPENSATION ACT)
INDUSTRIAL LAW

• INTRODUCTION

1. CAME INTO FORCE FROM JULY 1924
2. KIND OF SOCIAL SECURITY SCHEME FOR THE EMPLOYEE
3. IT ENABLES AN EMPLOYEE AND IN CASE OF DEATH OF AN EMPLOYEE,HIS DEPENDENTS TO GET AT THE COST OF THE EMPLOYER COMPENSATION FOR EMPLOYMENT INJURY
4. IT APPLIES TO THE WHOLE OF INDIA INCLUDING STATE OF JAMMU AND KASHMIR

• OBJECTIVE

1. IT WAS FIRST STEP TOWARD SOCIAL SECURITY IN INDIA
2. THE MAIN PURPOSE :-
3. PROVIDE FOR THE PAYMENT OF COMPENSATION BY CERTAIN EMPLOYERS TO EMPLOYEE FOR INJURY CAUSED TO THEM BY ACCIDENT WHILE IN EMPLOYMENT
4. IF AN EMPLOYEE CONTRACTS AN OCCUPATIONAL DISEASE WHILE IN EMPLOYMENT. IT IS ALSO TREATED UNDER THE ACT AS INJURY CAUSED BY ACCIDENT

• SCOPE OF THE ACT
• EVERY EMPLOYER :-

1. EMPLOYING PERSONS LISTED IN SCHEDULE II TO THE ACT
2. CARRYING ON A OCCUPATION LISTED IN SCHEDULE III TO THE ACT
3. IS LIABLE TO PAY COMPENSATION

·         ELIGIBILITY TO RECEIVE COMPENSATION:-

1. CERTAIN RAILWAY SERVANTS
2. PERSONS LISTED IN SCHEDULE II TO THE ACT
3. PERSONS EMPLOYED IN OCCUPATIONS LISTED IN SCHEDULE III TO THE ACT

• SCOPE

1. THE ACT EXTENDS TO THE WHOLE OF INDIA
2. IT APPLIES TO EMPLOYEE EMPLOYED IN FACTORIES,MINES,PLANTATIONS,TRANSPORT ESTABLISHMENTS,CONSTRUCTION WORKS,RAILWAYS,SHIPS,CIRCUSES AND OTHER HAZARDOUS OCCUPATION AND EMPLOYMENT SPECIFIED IN SCHEDULE II TO THE ACT.
3. IT COVERS ALL EMPLOYEES( OTHER THAN CASUAL WORKERS AND WORKERS EMPLOYED OTHERWISE THAN FOR THE PURPOSE OF THE EMPLOYER'S TRADE OR BUSINESS)
4. DOES NO APPLY TO THOSE AREA WHICH ARE COVERED BY THE EMPLOYEE STATE INSURANCE ACT
5. DOES NOT APPLY TO MEMBERS OF ARMED FORCES OF THE UNION

• CLASSIFICATION OF INJURIES

1. DEATH
2. PERMANENT TOTAL DISABLEMENT
3. PERMANENT PARTIAL DISABLEMENT
4. TEMPORARY DISABLEMENT WHETHER TOTAL OR PARTIAL
5. CONTRACTED AN OCCUPATIONAL DISEASE

• CONDITION FOR RECEIVING THE COMPENSATION
• AN EMPLOYEE TO WHOM PERSONAL INJURY IS CAUSED BY ACCIDENT IS ENTITLED TO  RECEIVE COPENSATION UNDER THE ACT IF THE ACCIDENT AROSE OUT AND IN THE COURSE OF HIS EMPLOYMENT.
• THE ACCIDENT MUST OCCUR WHILE THE EMPLOYEE IS IN EMPLOYMENT AND IT MUST ALSO BE CONNECTED WITH HIS EMPLOYMENT.
• CIRCUMSTANCES WHEN THE EMPLOYEE IS NOT LIABLE

1. IF THE INJURY DOES NOT RESULT IN TOTAL OR PARTIAL DISABLEMENT OF THE EMPLOYEE FOR A PERIOD EXCEEDING THREE DAYS
2. IF THE INJURY DOES NOT RESULT IN THE DEATH OF THE EMPLOYEE AND IS CAUSED BY THE ACCIDENT WHICH IS DIRECTLY ATTRIBUTABLE TO:-
3. UNDER THE INFLUENCE OF DRINK OR DRUGS
4. DISOBEDIENCE OF EXPRESSED ORDER/EXPRESS RULE FOR THE PURPOSE OF SECURITY OF THE WORK MEN OR
5. THE WILLFUL REMOVAL OR DISREGARD BY THE EMPLOYEE OF ANY SAFETY GUARD OR DEVICE
6. IMPORTANT DEFINITION UNDER SECTION 2

• COMMISSIONER( SECTION 2(1(b) COMMISSIONER MEANS A COMMISSIONER FORM EMPLOYEE’S COMPENSATION APPOINTED UNDER SECTION 20
• COMPENSATION SECTION 2(1)(c)IT MEANS COMPENSATION AS PROVIDED BY THIS ACT

• DEPENDENT(SECTION 2(1)(d)
• DEPENDENT(SECTION 2(1)(d) IT MEANS ANY RELATIVES OF A DECEASED WORKMEN SPECIFIED IN THE LIST OF RELATIVES GIVEN UNDER SECTION 2(d)  IN ORDINARY LANGUAGE THE DEPENDENT OF A PERSON IS WHO DEPENDS UPON ANOTHER FOR HIS LIVELIHOOD.
• THREE CATEGORIES OF DEPENDENTS:_
• IN THE FIRST CATEGORY THE FOLLOWING ARE TREATED AS DEPENDENT WHETHER ACTUALLY OR NOT RELATIVES OF DECEASED WORKMEN:-

1. A WIDOW
2. A MINOR LEGITIMATE OR
3. ADOPTED SON AND
4. UNMARRIED ADOPTED DAUGHTER OR A WIDOWED MOTHER

• SECOND CATEGORY INCLUDES WHOLLY DEPENDENT ON THE EARNING OF THE WORKMEN AT THE TIME OF HIS DEATH:-
• SON
• A DAUGHTER WHO HAS ATTAINED THE AGE OF 18 YEARS AND WHO IS INFIRM
• THIRD CATEGORY FALL IN THE FOLLOWING RELATIVES PROVIDED THEY ARE WHOLLY OR IN PART ON THE EARNING OF THE DECEASED WORKMEN AT THE TIME OF HIS DEATH:_

1. A WIDOWER
2. A PARENT OTHER THAN A WIDOWED MOTHER
3. A MINOR ILLEGITIMATE SON/DAUGHTER OR A DAUGHTER ILLEGITIMATE OR ILLEGITIMATE OR ADOPTED IF MARRIED OR MINOR OR IF WIDOWED AND A MINOR
4. A WIDOWED DAUGHTER IN LAW
5. A MINOR CHILD OF A PREDECEASED SON
6. A MINOR CHILD OF A PREDECEASED DAUGHTER WHERE NO PARENT OF THE CHILD IS ALIVE
7. A PARENTAL GRAND PARENT  IF NO PARENT  OF THE WORKMEN IS ALIVE

• MEANING OF EMPLOYER
• EMPLOYER SECTION 2(1)( e) EMPLOYER INCLUDES:-

1. ANY BODY OF PERSONS WHETHER INCORPORATED OR NOT
2. ANY MANAGING AGENT OF THE EMPLOYER
3. THE LEGAL REPRESENTATION OF A DECEASED EMPLOYEE

• WHEN THE SERVICES OF AN EMPLOYEE ARE TEMPORARILY LENT OR HIRE TO ANOTHER PERSON BY THE PERSON WITH WHOM THE EMPLOYEE HAS ENTERED INTO A CONTRACT OF SERVICE OR APPRENTICESHIP. EMPLOYER MEANS SUCH OTHER PERSON WHILE THE EMPLOYEE IS WORKING FOR HIM
• EMPLOYER IS NOT EXHAUSTIVE. IT ALSO INCLUDED CONTRACTOR