Professional Documents
Culture Documents
Presented By, Trupti Kokane (10MPM 006) Rajashree Patil (10MPM 018) Trupti More (10MPM021) Harishchandra Pawar (10MPM062) Snehal Chhallani (10MPM064)
Contents
1. 2. 3. 4. 5.
History
Definations
Scope and Coverge Employers Liblites for Compensation Various Amendments
History
Prior to the passing of the Workmens Compensation Act, the position was
very unsatisfactory. The employer was liable to pay compensation only when the injury was caused to the worker on account of his (employers)negligence, & here also, the employer could escape liability on any of the following grounds: * The doctrine of common employment. * The doctrine of assumed risks.
dependents some relief in case of accidents arising out of and in the course of employment and causing either death or disablement of workmen.
DEFINATIONS
1. 2.
3.
4. 5.
DEPENDANT
[Sec.2(1)(d)] Dependant means any of the following relatives of a deceased workman, namely:
(I)
(II)
(III)And
CONT....
A. B. C.
D.
E.
F.
G.
of the workman is
EMPLOYER
A.
[Sec.2(1)(e)] "employer" includes Any body of persons whether incorporated or not; Any managing
DISABLEMENT
A.
Disablement Disablement means loss of capacity to work or to move. Disablement of workman may result in loss or reduction of his earning capacity. In the later case, he is not able to earn as much as he used to earn before his disablement. Disablement may be (1) partial, or (2) total. Further it may be (i) permanent, or (i) temporary.
PARTIAL DISABLEMENT
A.
2(1)(g) This means any disablement as reduces the earning capacity of a workman as a result of some accident. It may
TOTAL DISABILEMNT
A.
2(1)(L) Total disablement means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident
WAGES
A.
[Sec.2(1)(m)] wages includes any privilege or benefit which is capable of being estimated in money, other than a travelling allowance or the value of any travelling concession or a contribution
WORKMAN
A.
[Sec.2(1)(n)] workman means any person who is- (a) a railway servant as defined in clause (34) of section 2 of the Railways Act, 1989 (24 of 1989), not permanently employed in any administrative, district or subdivisional office of a railway and not employed in any such capacity as is specified in Schedule II, or (b) a master, seaman or other member of the crew of a ship,
The Act extends to the whole of India. It applies to workmen employed in factories, mines, plantations, transport establishments, construction work, railways, ships, circuses, & other hazardous occupations
The coverage of this act is also to cooks employed in hotels and restaurants.
D.
The Act does not apply to members of Armed Forces, organizations which are covered by the ESI Act, 1948
The provisions have been made in section 3 of this act for fixing the liability of an employer to pay the compensation to a workman working in his establishment. Section 3 is as under:
1.
In respect of any injury which does not result in the total or partial disablement of the workman for a period three days. exceeding
(b)
In respect of any injury, not resulting in death, or permanent total disablement caused by an accident which is directly
attributable to:
i.
The workman having been under the influence of drugs or drink at the time thereof; or
ii.
The wilful disobdience on the part of the workman to an order expressly framed, for the purpose of securing of workman, or
iii.
The willful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of workmen.
2.
may,
3.
No compensation shall be payable to a workman in respect of any disease unless the disease is directly attributable to the specific injury by accident arising out of & in the course of employment,
proceedings.
a) personal injury : it is provided in the act that the compensation must be paid for any personal injury if caused when on duty provided that other conditions are satisfied
Amendments
The Workmens The Workmens The Workmens The Workmens The Workmens Compensation Act 1933 Compensation Act 1938 Compensation Act 1939 Compensation Act 1958 Compensation Act 1958 (1959)