Labour law ii

Atul S. Jaybhaye
B.A.,LL.M.,NET
HNLU, RAIPUR

Concept of Social Security
 There is no any particular definition of social security.
 It follows the different economic policies laid down by
the government.
 Social security improves the standard of life of workers.
 Social security is a measure of income maintenance or
income security.
 It is a safety provided by the society against risks,
natural calamities, social or economic depression.

When it is helpful?
 At the time of inadequate wages.
 Illegal deductions.
 Irregularities in payment.
 Arbitrary dismissals.
 Unemployment.
 Sickness.
 Accident.
 Death of bread earner etc.

Definitions of Social Security
 International Labour Organisation:
“The security that society furnishes, through
appropriate organisation, against certain
risks, to which its members are exposed.

 National Commission on Labour:
 “Social security envisages that the members of the community shall be
protected by collective action against social risks causing undue
hardship and privation to individuals whose primary resources can
seldom be adequate to meet them.
 The concept of social security is based on ideals of human dignity and
social justice.
 The under lying idea behind social security measures is that a citizen
who has contributed or is likely to contribute to his country’s welfare
should be given protection against certain hazards or as consequence of
it”.

 Fried Lander defines social security as ….
“a programme of protection provided by the society
against these contingencies of modern life- sickness,
unemployment, old age, dependency, industrial
accidents and invalidism against which the individual
cannot be expected to protect himself and his family by
his own ability or foresight.

 Mr. V.V. Giri:
 It is the security that the state furnishes against the
risks which an individual of small means cannot, today,
stand up to by himself or even on private combination
with his fellow countrymen.

Need for Social Security
To ensure standard of life to workmen/ members of the
society.
To protect workers from uncertain risks.
To meet objectives of Social welfare State.
To maintain social and economic justice in the society.
To curb poverty, unemployment and diseases.
To provide medical care and income security against
the consequences of defined contingencies.

Objectives of Social Security:
I. Compensation
II. Restoration
III. Prevention

Features of Social Security
 It provides financial helps in case of contingencies.
 It covers wide variety of health and welfare schemes.
 It provides some form of cash payments, though, laws
differ from country to country.
 It is a wise investment which motivate the employees
and boost their confidence.
 Social security measures are established by law.

Scheme of social securities
 Sukanya samridhi yojna
 National Pension Scheme
It’s a voluntary pension scheme introduced with an aim of fulfilling retirement
needs. It is regulated by the Pension Fund Regulatory & Development
Authority.
 Pradhan Mantri Jan Dhan Yojana
suitable for the economically weaker sections of the society who do not even
have a bank account.
 Public Provident Fund (PPF)
which aims to benefit self-employed people to save for their retirement. It
offers tax benefit under 80 C of the Income-Tax Act and provides a tax-free
return on maturity.

Scheme of social securities
 Pradhan Mantri Jeevan Jyoti Bima Yojana
It is a life insurance scheme backed by the Government
of India.
 Atal Pension Yojana
It is intended to provide pension benefits with a minimum
contribution per month. This scheme is targeted to the
unorganised sector and provides pension benefits with a
minimum contribution per month.

Types of Benefits Available to the
Workers
 Old age benefit: - provides for the payment certain
(consolidated) amount of money depending upon one’s
contribution before the retirement age.
 Survivor’s benefit: - This benefit, grants payments to the
aggrieved family following the death of the bread winner
either for the life or for a limited.
 Unemployment benefit: - These benefits cover the loss of
earnings during a worker’s unemployment period when he is
incapable of doing the job and is available until he remains
unemployed.

Types of Benefits Available to the
Workers
 Disability benefit
 Sickness benefit
 Medical care
 Employment Injury benefit

Origin and Development of S.S.
 Origin of social security can be categorised into three
phases:
a. Hindu period;
b. Muslim period; and
c. British period.

 Hindu period;
 In ancient India, joint Hindu family was the unit of social
organisation and was also the original cell for security.
 obligations of the parents to support the child in infancy and of
the son to support the parents in old age were in existence.
 The society in ancient India did not witness the class struggle as
between the employer-employee.
 “Ancient Indian jurists like Brihaspati, Yagnavalka, Vishnu etc.,
had framed extensive laws regarding wages and conditions of
work.

 Kautilya’s Arthashastra is the building example of the
introduction of the philosophy of social security in ancient
India.
 Kautilya has also mentioned a number of pension schemes
in his work, such as, educational pension, public poor relief
etc.
 He says that “State itself should provide support to poor,
pregnant women, to their new born off spring, to orphans,
to the aged, the infirm, the afflicted and the helpless”.

 Muslim Period:
 The impact of Muslim culture and thought on India gave a new
depth to the concept of charity and social service. Islam enjoins
five major duties on its followers, one of which is ‘Zakat’, meaning
charity.
 The Mughuls had a special governmental department to supervise
the administration of charities and endowments.
 Among Mughal rulers, Akbar the Great made certain provisions
for learned people.
 The motive of charity was religious rather than safe guarding the
economic interest of the poor.

 British Period:
 Technological developments and industrialisation led
to the establishment of two distinct classes in the
society i.e. employers and employees.
 Hire and fire policy was adopted under the laissez-
faire system.
 The workmen on many occasions combined for
increasing wages and reducing hours of works, but
went in vain.

 Impact of two world wars:
 Trade unions were legalized in some countries.
 ILO gave a morale boost to the Indian workers to have
organized movements for redressing their grievances.
 Need for protecting workmen against hazards of life such
as the injury, sickness, maternity, old age.
 No proper legislation for the protection of workers against
social and economic contingencies except the Fatal Accidents
Act, 1855; The Factories Act, 1948 etc.

 Royal Commission on Labour :
 Appointed in 1929 to enquire into the working conditions of industrial
labour.
 Introduced a scheme of health insurance of industrial workers on a
contributory basis financed by the employers and by small deductions
from the wages of workers.
 It also emphasised the necessity for making some provisions against old
age as the workers are unable to save out of their low earning against
old age.
 Recommended for maternity benefits as well as payment of gratuity.

 Post Independence Phase:
 Free India adopted generally Mahatma Gandhi’s ideas and made
laws to regulate labour demands in the country.
 Workers were looked down for centuries as belonging to ‘Sudra’ or
‘Low’ and sometimes even untouchable castes.
 India adopted the Scheme of Employees State Insurance Scheme.
 The Employees State Insurance Act, 1948, “factory workers on
selected industrial areas can obtain sickness, disablement and
medical benefits”.

 Government formulated a five year programmes for the welfare of
labour class, features of the programmes are follows:
I. Organisation of health insurance scheme, applicable to factory
workers to start with;
II. Revision of Workmen’s’ compensation Act;
III. A central law for maternity benefit;
IV. Extension to other classes of workers of the right, within specific
limits, to leave with allowance during the sickness.

 Introduction of five year plans :
India began the process of planned economic development in
the start of First Five Year Plan in April 1951.
Planning was introduced to provide certain directions aimed
at physical, social and moral improvements of labour that
has directly impact on social security.

 First Five Year Plan (1951-1956)
 Objectives :-
I. better standard of life for the people and social justice.
II. basic needs of the workers in respect of food, clothing and
shelter
III. Wider provision of social security, better educational
opportunities and increased recreational and cultural
facilities.
IV. To provide reasonable amenities for workers , essential
needs

 First Five Year Plan (1951-1956)
 To minimize inequalities between the rich and poor,
between the urban and rural areas.
 To protect the workers from occupational hazards.

 Second Five Year Plan (1956 - 1961)
 Objectives :-
1. A sizeable increase in national income so as to raise the level of
living.
2. Rapid industrialisation of the country with particular emphasis
on the development of basic and key industries.
3. A large expansion of employment opportunities by developing
labour-intensive projects and small scale industries.
4. Reduction in inequalities of income and distribution.

 Second Five Year Plan (1956 - 1961)
 Objectives :-
 right to a fair wage has been recognised.
 suggested that employees’ provident funds should be extended to
cover more industries and commercial establishments.
 requirement to improve the conditions of labour through legislations
such as Factories Act, 1948, Mines Act, 1952 and Plantation Labour
Act, 1951.

 Third Five Year Plan (1961-1966)
 Gave importance to social assistance programmes for..
The physically handicapped
Old persons
women and children

 Source of Assistance:
charitable
organisations
panchayat
samitis
special
welfare
funds
voluntary
organisatio
ns.
municipal
bodies,

Constituents of Social Security
Social
Security
Social
Assistance
Social
Insurance

Constituents of Social Security
 Definitions of Social Insurance:
I. “Social insurance is a giving return for contribution benefits up to
subsistence level as of rights and without means and tests so that
individual may build freely up to it.”
II. “Social Insurance is social co-operative derive which aims at
granting adequate benefits to the insured on the compulsory basis
at times of unemployment, sickness and other emergencies.”
III. “Social Insurance is a group idea of helping the needy people who
are not able to work due to certain risks.”

Features of Social Insurance
 Schemes of Social Insurance is financed by the small contribution
made by the employees and major portion by the employers.
 In all the schemes of social insurance Participation is compulsory
with only few exceptions.
 Under these schemes contributions are accumulated in special
funds out of which benefits are paid.
 The contribution and benefit rates are often related to what the
person is or has earning.
 Social insurance helps the employees to maintain their minimum
living standard when there is total or partial loss of income.


Social Assistance
 Definitions:
 “Social Assistance is a service or a scheme which provides benefits to
persons of small means as of right in amount sufficient to meet
minimum standards of need.
 “The Social Assistance schemes are designed to help people who are
in financial difficulties.”
 “In social Assistance schemes conditions of entitlement are
prescribed by Laws and require that applicants have limited incomes
and assets.”

Social Assistance
 Definitions:
 social assistance is given as a voluntary help while social insurance is
granted to those persons only who pay a contribution.
 “Social assistance represents the unilateral obligation of the
community towards its dependent groups. It is provided by the
society or the government to the poor and needy individuals.”

Features of Social Assistance
I. Objective to cover poor sections of people in the society who
cannot effectively protects risks and contingencies to which they
are exposed.
II. Social assistance is an expression of social responsibility of state
towards its needy person.
III. Social assistance is financed wholly or for a very large measures
from the general revenues of the state.
IV. Social assistance requires the fulfilment of certain prescribed
conditions before the benefit can be granted under such scheme.

The ILO is…
…the first specialized UN Agency
...devoted to advancing opportunities for
women and men to obtain decent and
productive work in conditions of freedom,
equity, security and human dignity

The ILO Social Security (Minimum Standards)
Convention, 1952 (No. 102)
 It is the only international instrument, based on basic social security
principles, that establishes worldwide-agreed minimum standards for all
nine branches of social security. These branches are:
 medical care;
 sickness benefit;
 unemployment benefit;
 old-age benefit;
 employment injury benefit;
 family benefit;
 maternity benefit;
 invalidity benefit; and
 survivors' benefit.

The ILO Social Security (Minimum Standards)
Convention, 1952 (No. 102)
 Convention No. 102 does not prescribe how to reach
these objectives but leaves certain flexibility to the
member State. They can be reached through:
 universal schemes;
 social insurance schemes with earnings related or
flat rate components or both;
 social assistance schemes.
 Guarantee of defined benefits;
 participation of employers and workers in the
administration of the schemes;
 general responsibility of the state for the due
provision of the benefits and the proper
administration of the institutions;
 collective financing of the benefits by way of
insurance contributions or taxation.

ILO conventions on S.S.
 The Social Security (Minimum Standards) Convention, 1952 (No. 102)
 The Equality of Treatment (Social Security) Convention, 1962 (No. 118)
 The Employment Injury Benefits Convention, 1964 (Schedule I amended in 1980) (No.121)
 Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128)
 The Medical Care and Sickness Benefits Convention, 1969 (No.130)
 The Maintenance of Social Security Rights Convention, 1982 (No. 157)
 The Employment Promotion and Protection against Unemployment Convention, 1988
(No.168)
 The Job Creation in Small and Medium Sized Enterprises Recommendation, 1998 (No. 189)
 Maternity Protection Convention (Revised) 2000 (No. 183)

The Equality of Treatment (Social Security) Convention, 1962
(No. 118)
 Convention No. 118 addresses the issue of the social
security of migrant workers in a global manner.
 A ratifying State undertake to grant equality of
treatment to nationals of other ratifying States (and
their dependents) with its own nationals.

The Employment Injury Benefits Convention, 1964
 It includes:
 Incapacity for work, invalidity or a loss of faculty due to an industrial accident
or a prescribed occupational disease.
 Convention No. 121 envisages that all employees, including apprentices in the
public and private sectors, and in cooperatives, are to be protected.
 Three types of benefits: medical care, cash benefits in the event of incapacity
for work and loss of earning capacity (invalidity), and cash benefits in the
event of the death of the breadwinner.

Social security Legislations
 Employee’s Compensation Act, 1923
 Employee’s State insurance Act, 1948
 Employee’s Provident Fund and Miscellaneous
Provisions Act, 1952
 Maternity Benefit Act, 1961
 Payment of Gratuity Act, 1971

Employee’s Compensation Act, 1923

 This Act was first step towards social security in India.
 Prior to enactment of this Act, compensation was paid under The
Indian Fatal Accidents Act, 1855.
 The Act has total 36 Sections, divided into 4 Chapters and 4
Schedules.
 Duty of the Employer to compensate employee arising out of
certain contingencies.

Workers compensation is defined as the amount
payable by an employer towards employees for any
injuries sustained during the course of their
employment. It would cover medical or other
expenses incurred by the employees of a company
during the course of performing work-related
activities.

The most common kind of benefit offered by workers compensation in India
is medical benefits.
Medical benefits are given for treating any medical problems that are
associated with the job.
These benefits extend for treating work-related accidents and illnesses, and
insurance may be given by either the insurance company or the employer
itself.
Other benefits that may be added include temporary and permanent
disability benefits and death benefits.

Employee’s Compensation Act,
1923
 Object and Scope:
The Employees Compensation Act, 1923 extends to the whole of
India.
It came into force on the first day of July, 1924.
It is social security legislation.
The E.C. Act, 1923 imposes statutory liability upon an employer to
discharge his moral obligation towards employees when they suffer
from any physical disabilities or diseases, during the course of
employment in hazardous working conditions.

 Object and Scope:
to provide quick and cheaper disposal of disputes relating to the
compensation which is not possible in comparison in case of
proceedings of civil law.
to get relieved from the hardship, rising from accident.

 Scheme of the Act:
 Chapter I- Preliminary
 Chapter II – Employees Compensation
 Chapter III – Commissioners
 Chapter IV - Rules

 This Act is applicable to:
 Workers who are working in….
 Mines
Factories
Plantations
Transport Establishments
Construction Works
Railways
Ships

 This Act is applicable to:
 Persons recruited as….
Driver
Helper
Mechanic
Cleaner
Or member of a crew or aircraft
As specified in II Schedule of the Act.

 This Act is not applicable to:
 Members of the Armed forces of Union.
 Persons insured under Employees State Insurance Act,
1948.
 Section 53 of the Employees‘ State Insurance Act provides that an
insured person or his dependents shall not be entitled to receive or
recover whether from the employer of the insured person or from
any other person any compensation or damages under the
Workmen‘s Compensation Act, 1923 .

 Conditions to be fulfilled to claim compensation:
1. Personal injury to the workman.
2. Effect of Injury- Death/permanent or temporary disablement/ total or
partial disablement.
3. Injury by accident.
4. Accident must have arisen in the course of Workman’s employment.
5. Case must not fall under section 3 i.e exceptions.
6. There must be a claimant to claim compensation

Conditions to be fulfilled to claim compensation:
 Compensation must be calculated as per provisions of the
Act.
 The workman must not have filed suit against employer in
Civil Court.
 Existence of contract of employment essential.

 Imp. Definitions under the Act.
Commissioner Sec.2(1) (b)
Dependant Sec.2(1) (d)
Wages Sec.2(1) (m)
Employee Sec.2(1) (dd)
Employer Sec.2(1) (e)
Partial Disablement Sec.2(1) (g)
 Total Disablement Sec.2(1) (l)

Liability of Employer to pay
compensation: Sec. 3
 The following conditions must necessarily be satisfied in order to
qualify for compensation:
1. He must be a workmen within the meaning of this Act.
2. Personal injury must have been caused by accident.
3. The accident must have arisen out of and in the course of
employment.
4. The injury caused by the accident must have resulted in the
workman’s death or permanent total disablement or temporary
disablement for a period exceeding 3 days.

 Definition of Injury:
Personal injury does not only mean physical injury but may
include a mental strain or mental disbalance.
It also includes all mental illness, nervous collapse, paralysis attack,
psychological diseases.
Injury must result in either to kill a workman or partially or totally
incapacitate him from work for a period exceeding 3 days.

 Accident arising out of & in the course of his
employment ;
 The employer is liable to pay compensation in case of
personal injury and occupational disease.
 Personal injury includes physical/mental injury, strain
or shock caused accident.

 The three tests for determining whether an accident arose out of
employment are :
1. At the time of injury workman must have been engaged in the business of
the employer and must not be doing something for his personal benefit;
2. That accident occurred at the place where he was performing his duties;
and
3. Injury must have resulted from some risk incidental to the duties of the
service, or inherent in the nature or condition of employment.

 There must be a causal connection between the
injury and the accident and the work done in the
course of employment;
 The onus is upon the applicant to show that it was
the work and the resulting strain which contributed to
or aggravated the injury;
 It is not necessary that the workman must be
actually working at the time of his death or that death
must occur while he was working or had just ceased

 Occupational Diseases – Examples
Infections due to contamination.
Infra-red radiations.
Skin diseases [Chemical, Leather Processing Units].
Hearing impairment caused by noise.
Lung Cancer caused by asbestos dust.
 Diseases due to effect of heat/cold in extreme hot/cold climate.

Defences available to the Employer:
Prior to Enactment of E.C.A. 1923.
 The Doctrine of Assumed Risks:
 If the employee knew the nature of the risks he was undertaking
when working in a factory, the employer had no liability for
injuries. The court assumed in such case that the workman had
voluntarily accepted the risks incidental to his work. The doctrine
followed from the rule Volenti Non Fit Injuria, which means that
one, who has volunteered to take a risk of injury, is not entitled to
damages if injury actually occurs.

The Doctrine of Common Employment:
Under this rule, when several persons work together
for a common purpose and one of them is injured by
some act or omission of another, the employer is not
liable to pay compensation for the injury.

The Doctrine of Contributory Negligence:
 Under this rule' a person is not entitled to damages for
injury if he was himself guilty of negligence and such
negligence contributed to the injury.
 Imp Note:
1. The three aforesaid defences and the rule no
negligence no liability made It almost impossible for an
employee to obtain relief in cases of accident.
2. The Workmen's Compensation Act of 1923 radically
changed the law. According to this Act, the employer is
liable to pay compensation irrespective of negligence.

 When employer is not liable to pay compensation: As per Recent
provisions:
I. Injury does not result in either to kill a workman or partially or
totally incapacitate him from work for a period exceeding 3 days.
II. If the employee was under influence of drink or drugs,
III. Wilful disobedience of the workman for the purpose of securing the
safety of workmen.
IV. The wilful removal or disregard by the workman of any safety guard
or other device.

 When employer is not liable to pay compensation:
 Unless the disease is directly attributable to a specific injury by
accident arising out of and in the course of his employment.
 If he has instituted in a Civil Court a suit for damages in respect of
the injury against the employer or any other person;

Relevant cases
 The Indian News Chronicle Ltd v Mrs. Luis Lazarus
1951 Punjab and Haryana HC
 LAZARUS was employed as an electrician in the press of the Indian News Chronicle,
and in the course of his duties he had frequently to go into a heating room and from
there to a cooling plant where the temperature was kept considerably low.
 On 21 -6 -1948, at about 11 p.m. he went into the cooling room and on the same night
at 2 a.m. (the 22 -6 -1948) he suddenly felt ill and was sent home. It was there noticed
by his wife that he was very cold.
 At about 3.30 a.m. a doctor was called who diagnosed the disease to be pneumonia. He
died on 27 -06 -1948.
 Question was whether Injury includes only Physical Injury?

Relevant cases
 State Bank of India v. Vijay Laxmi, 1998 LLR 319.
 The deceased employee while travelling by public transport to his
place of work met with a fatal accident. Nothing has been brought
on record that the employee was not obliged to travel in any
particular manner under the terms of the employment nor he was
travelling in the official transport.
 Held, no casual connection between accident and employment
could be established. Hence, the claimant is not entitled to any
compensation.

Relevant cases
 Total Disablement:
Pratap Narain Singh Deo v. Shrinivas AIR 1976 S.C.
222.
If a Carpenter‘s left hand elbow is amputated as a result of
a personal injury suffered in the course of his employment, it
is total disablement because a carpenter cannot work with
one hand.

Relevant cases
The Oriental Fire and General Insurance Co. Ltd.
v. Union of India AIR 1975 AP 222.
If a workman is casually employed for the purposes of the
trade or business of the employer, he is a workman, within
the definition. A lorry driver, cleaner, and hamalis are
workmen within the meaning of this Act.

Relevant cases
Shakuntala Chandrakant Shreshti vs Prabhakar Maruti
Garvali AIR2007 SC 248
 An accident may lead to death but that an accident had taken place must be
proved. In other words, death must arise out of accident.
 In a case of this nature to prove that accident has taken place, factors which
would have to be established, inter alia, are :
1. stress and strain arising during the course of employment
2. nature of employment
3. injury aggravated due to stress and strain.

Relevant cases
 PETITIONER: MORGINA BEGUM
 RESPONDENT: MANAGING DIRECTOR, HANUMAN PLANTATION
LTD. 2008 SCC
 Issue: whether the Commissioner, Workmen's Compensation, Tezpur had
jurisdiction to entertain the claim petition or not?
 Relevant provisions under Section 21 of the Act.
 There is no dispute that the accident in the present case took place at
Nagaon and hence the Commissioner, Workmen's Compensation at
Nagaon also had jurisdiction to entertain the claim petition.
 However, in the present case the claim petition was filed at Tezpur because
both the claimants, i.e., the father and mother of deceased Md. Rajik
Ahmed, started residing at Tezpur with their son-in-law after the death of
their son Md. Rajik Ahmed.
 Appeal allowed.

Relevant cases
 Bharat Singh vs Management Of New Delhi
 1986 SCR (2) 169
 It was held in this case that Labour Statutes are for
the welfare of the workmen.
 In case of doubt as to interpretation of the
provisions, then rights of the workers shall be
protected.

S. 25. Method of recording evidence.-
 The Commissioner shall make a brief memorandum of the
substance of the evidence of every witness as the examination of
the witness proceeds, .
 memorandum shall be written and signed by the Commissioner
with his own hand and shall form part of the record:
 Provided that, if the Commissioner is prevented from making
such memorandum, he shall record the reason of his inability to
do so and shall cause such memorandum to be made in writing
from his dictation and shall sign the same, and such
memorandum shall form part of the record:
 Provided further that the evidence of any medical witness shall
be taken down as nearly as may be word for word.

Ss. 25-27
 S. 25A. Time limit for disposal of cases relating to
compensation.-
 The Commissioner shall dispose of the matter relating to
compensation under this Act within a period of three months
from the date of reference and intimate the decision in respect
thereof within the said period to the employee.]
 S. 26. Costs.-
 All costs, incidental to any proceedings before a Commissioner,
shall, subject to rules made under this Act, be in the discretion of
the Commissioner.
 S. 27. Power to submit cases.-
 A Commissioner may, if he thinks fit, submit any question of law
for the decision of the High Court and, if he does so, shall decide
the question in conformity with such decision.

Sec. 28 Registration of agreements.-
 When employer and employee makes an agreement
regarding amount of compensation..
 The registration of Agreement is mandatory under this
section.
 a memorandum thereof shall be sent by the employer to
the Commissioner,
 The Commissioner shall record the memorandum in a
register in the prescribed manner
 Conditions:
Notice to the parties.
Commissioners power to rectify register in case
agreement made under influence or by fraud.

Case law on sec. 28
 Roshan Deen v/s Preeti Lal , Civil Appeal No. 7421 of
2001, SC
 Held:
 An agreement for payment of compensation registered
u/s. 28 shall be enforceable under this Act
notwithstanding anything contained in I.C.A., 1872.
 Commissioner can not embark on the merits of the
case if the Agreement is genuine, unless the
Agreement has been obtained by improper means.

S. 29. Effect of failure to register
agreement.-
 The employer shall be liable to pay the full amount
of compensation which he is liable to pay under
the provisions of this Act.
 The employer shall not be entitled to deduct
amount of compensation unless the commissioner
directs.

30. Appeals.
 An appeal shall lie to the High Court from the following orders of a
Commissioner, namely:--
 an order awarding as compensation a lump sum
 an order awarding interest or penalty under section 4A;
 an order providing for the distribution of compensation among the
dependants of a deceased *[employee], or disallowing any claim of a person
alleging himself to be such dependant;
 an order refusing to register a memorandum of agreement or registering the
same or providing for the registration of the same.

30. Appeals.
 An appeal shall not lie in the following cases:
Unless a substantial question of law is involved
in the appeal,
unless the amount in dispute in the appeal is not
less than ten thousand rupees,
The parties have agreed to abide by the decision
of the Commissioner
Unless the memorandum of appeal is
accompanied by a certificate by the
Commissioner to the effect that the appellant has
deposited with him the amount payable under
the order appealed against.

Sec. 4 Amount of Compensation
 The amount of compensation payable to a workman
depends on
 the nature of injury caused by accident
 the monthly wages of the workman concerned and the
relevant factor
 the Relevant Factor is specified in schedule IV for
working out the lump sum amount of compensation
 THERE IS NO DISTINCTION BETWEEN AN ADULT
AND A MINOR WORKER WITH RESPECT TO THE
AMOUNT OF COMPENSATION

In case of death
 In case of death resulting from injury, the
amount of compensation shall be equal 50%
of the monthly wages of the deceased
workman multiplied by the relevant factor.
 Or an amount of Rs one lakh and twenty
thousand Rs. whichever is more.

Example
 A workman is employed in a factory on a monthly
wage of Rs 3000. While working he met with an
accident and dies on Oct. 2000.
 His date of birth is july 18 , 1970.
 The amount of compensation payable to his
dependent would be 50* monthly wages* Relevant
factor of age 30, 100 0r 80,000 whichever is higher
50* 3000* 207.98 = 3,11,970 100
 Since Rs 311970 is more than 80000 the
compensation payable to him shall be Rs 311,970

Permanent total disablement
In case of permanent total
disablement resulting from the
injury, the amount of
compensation shall be 60% of the
monthly wages of the injured
workman multiplied by the
relevant factor or Rs one lakh and
fourty thousand whichever is

permanent partial disablement
 Where permanent partial disablement occurs, the
amount of compensation payable shall be as follows:
 In case of an injury specified in part II of the
schedule I, the amount of compensation shall be
such percentage of the compensation which would
have been payable for the percentage of loss of
earning capacity caused by that injury.
 In case of an injury not specified in schedule I, such
percentage of the compensation is payable which is
proportionate to the loss of earning capacity (as
assessed by a qualified medical practitioner)
permanently caused by the injury.

Labour law ii

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