Presented by:

Kamlesh Pandey,
Roll No. - 32
 TOPICS TO BE COVERED

 History and Background

 Introduction
 Objectives of the Act
 Definition of the Act
 Terms used in the Act
 Applicability of the Act
 HISTORY & BACKGROUND

 Industrial Revolution
 Discovery of Steam Engine by James Watt
 Speedy Industrialization
 Side-effects of Industrialization
 Injuries to the workmen
 Health Hazards faced by employee
 Virtually no-compensation given to the
employee
 Zero Liability shown by the Employer
 INTRODUCTION

 Predecer’s to the law

 Germany introduced the law in 1884
 Poland followed it very next year
 Czechoslovakia and Austria followed in 1887
 England introduced it in 1897
 Path of Law to India
 Provisional views were published in July 1921
 A Committee was convened to address the question in June
1922
 Finally the law was introduced in India on 1st July 1924
 The Law has been re-named in 2010 as Employee
Compensation Act
 INTRODUCTION CONTD…

 Ingredients of law
 To reduce accidents at the workplace
 Making workplace safe
 Encouraging the employers to provide
adequate medical treatment to their
workmen
 Increasing the sense of security
 Mitigation of the effect of the accident
 OBJECTIVES OF THE ACT

 The Act provides a simple quick and economical mechanism

for the recovery of compensation in the case of personal
injury and occupational diseases.
 The Act relieves the parties of unnecessary litigation thereby
bringing about better relations among them.
 The Act serves as an important measure of social security to
cover an important risk of workmen without any contribution
from them.
 The Act is a social security and social insurance measure for
workmen in case of any mishap during and in the course of
employment.
 The Act contributes towards making India a true Welfare
State.
OBJECTIVES OF THE ACT CONTD…

 The Act protects workmen from uncertainty, emergency or

any other unpredicted hazards in the course of employment.
 The workmen’s Compensation Act, 1923 was enforced as a
remedy to reduce the number of accidents in a manner that
cannot be achieved by official inspection.
 The Act mitigates (reduces) the effects of accidents by
providing for suitable medical treatment.
 The Act helps to make the industry more attractive to labour.
 The Act endeavors to reduce anxiety of workmen thereby
increasing their efficiency.
 The Act ensures cheaper and quicker disposal of disputes
relating to compensation through special tribunals than is
possible under the civil law.
 DEFINITION OF THE ACT

 An Act to provide for the payment by

certain classes of employers to their
workmen of compensation for injury by
accident;
 whereas it is expedient to provide for
the payment by certain classes of
employers to their workmen of
compensation for injury by accident;
 TERMS USED IN THE ACT

 Commissioner
 Compensation
 Dependent
 Employer
 Managing agent
 Minor
 Partial Disablement
 Prescribed
 Seaman
 Total disablement
 Wages
 Workman
 APPLICABILITY OF THE ACT

 Every Employer
 Employing persons listed in Schedule II to the Act; or
 Carrying on an occupation listed in Schedule III to the
Act;
is liable to pay compensation under the Act
 Persons entitled to receive compensation
under the Act
 A railway servant not permanently employed
in any administrative, district or sub-divisional
office of a railway and not employed in any
such capacity as is specified in Schedule II; or
 APPLICABILITY OF THE ACT

 a master seaman or other members of the crew of

a ship,
 a captain or other member of the crew of an
aircraft,
 a person recruited as driver, helper, mechanic,
cleaner or in any other capacity in connection with
a motor vehicle,
 a person recruited for work abroad by a company,
 And who is employed outside India in any such
capacity as is specified in Schedule II and the ship,
aircraft, motor vehicle or company, as the case
may be, is registered in India; or
 APPLICABILITY OF THE ACT

 Employed in any such capacity as is specified

in Schedule II, whether the contract of
employment was made before or after the
passing of this Act and whether such contract
is expressed or implied, oral or in writing; but
does not include any person working in the
capacity of a member of the Armed Forces of
the Union; and any reference to any employee
who has been injured shall, where the
employee is dead, include a reference to his
dependants or any of them.
 APPLICABILITY OF THE ACT

 Furthermore, for the Act to apply it

is not necessary that a person
should be working in a “factory”. In
terms of Schedule II, Item (ii) a
person employed in a premises
wherein a “manufacturing process”
is being carried on is a workman
under the act.
Presented by:
Subhodip Sengupta,
Roll No. - 49
 TOPICS TO BE COVERED

 Employer’s Liability For Compensation

 Explanation of Terms Employer, Workman
& Occupational Diseases
 Explanation of the Expression arising out of
and in the course of employment
 Employer Not Liable
 Illustrative Cases
 Doctrine of Notional Extension
 Doctrine of Added Peril
 EMPLOYER’S LIABILITY FOR
COMPENSATION

If personal injury is caused to a workman by

accident arising out of and in the course of
his employment, his employer shall be liable
to pay compensation in accordance with the
provisions of the Act.
 COMMONLY ENCOUNTERED TERMS

 “Employer” includes any body of persons whether

incorporated or not and any managing agent of an employer
and the legal representative of a deceased employer, and,
when the services of a workman are temporarily lent or let on
hire to another person by the person with whom the workman
has entered into a contract of service or apprenticeship, means
such other person while the workman is working for him.

 For this Act, to apply it is not necessary that a person should be

working in a factory. In terms of Schedule II, Item (ii) a person
employed in a premises wherein a manufacturing process is
being carried on is a workman under the act.
Held in Sunil Industries v. Ram Chander Pradhan
 COMMONLY ENCOUNTERED TERMS

 “Workman” means any person who is—

 (i) 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 sub-divisional office of a railway and not

employed in any such capacity as is specified in Schedule II, or

 (a) a master, seaman or other member of the crew of a ship,
 (b) a captain or other member of the crew of an aircraft,
 (c) a person recruited as driver, helper, mechanic, cleaner or in

any other capacity in connection with a motor vehicle,

 (d) a person recruited for work abroad by a company, and who

is employed outside India in any such capacity as is specified in

Schedule II and the ship, aircraft or motor vehicle, or company,

as the case may be, is registered in India, or;

 COMMONLY ENCOUNTERED TERMS

 (ii) employed in any such capacity as is specified in

Schedule II, whether the contract of employment was
made before or after the passing of this Act and whether
such contract is expressed or implied, oral or in writing;
but does not include any person working in the capacity
of a member of the Armed Forces of the Union; and any
reference to a workman who has been injured shall,
where the workman is dead, include a reference to his
dependants or any of them.
 COMMONLY ENCOUNTERED TERMS

 Instances of Employments (Schedule II)

 Construction, maintenance, repair or demolition of any
building.
 Setting up, maintaining repairing, or taking down any
telegraph or telephone line.
 Service of any fire brigade.
 Watchman in any factory or establishment.
 Cultivation of land or rearing and maintenance of live-
stock or forest operations or fishing.
 Artists for drawing pictures on advertisement boards at a
height of 3.66 metres or more from the ground level.
 Employed in a circus.
 EMPLOYER’S LIABILITY

Section 3 says that an employer is liable to pay

compensation if a personal injury is caused to the
workman due to an accident arising out of and in the
course of employment. Thus, the following conditions
must be satisfied to claim compensation:
 Personal injury must have been caused to a workman.
 The personal injury must have been due to an accident.
 The accident must have arisen out of and in the course
of employment.
 The injury must have resulted in death or the worker
must have received total or partial disability at least for 3
days due to the injury.
 OCCUPATIONAL DISEASES
 An occupational disease is any chronic ailment that occurs as a result of
work or occupational activity.
 Section 3 also discusses many occupational diseases that can be caused
due to employment in certain industries. These diseases are divided in 3
parts and are listed in Schedule III.
 If a workman employed in any employment specified as in Schedule III
contracts any disease specified therein as an occupational disease
peculiar to that employment, or if a workman, whilst in the service of an
employer in whose service he has been employed for a continuous period
of not less than six months, or whilst in the service of one or more
employers in any employment specified in Part C of Schedule III for such
continuous period as the Central Government may specify in respect
of each such employment, the contracting of the disease shall be
deemed to be an injury by accident within the meaning of this section
and, unless the contrary is provided, the accident shall be deemed to
have arisen out of, and in the course of, the employment.
 OCCUPATIONAL DISEASES (CONTD..)
 Few Examples of Occupational Diseases as Listed in Schedule III
 Diseases caused by lead or its toxic compounds.
 Poisoning by nitrous fumes.
 Diseases caused by mercury or its toxic compounds.
 Diseases caused by arsenic or its toxic compounds.
 Occupational cataract due to infra-red radiations.
 Hearing impairment caused by noise.
 Lung cancer and mesotheliomas caused by asbestos.
 Acute Pulmonary Oedema of high altitude.
 RULES
 The Central Government or the State Government, by notification in the Official
Gazette, after giving, not less than three months’ notice of its intention so to do, may,
by a like notification, add any description of employment to the employments specified
in Schedule III and shall specify in the case of employments so added the diseases
which shall be deemed for the purposes of this section to be occupational diseases
peculiar to those employments respectively.

 Nothing herein contained shall be deemed to confer any right to compensation on a

workman in respect of any injury if he has instituted in a civil court a suit for damages
in respect of the injury against the employer or any other person; and no suit for
damages shall be maintainable by a workman in any court of law in respect of any
injury –
 (a) if he has instituted a claim to compensation in respect of the injury before a
Commissioner; or
 (b) if an agreement has been come to between the workman and his employer
providing for the payment of compensation in respect of the injury in accordance with
the provisions of this Act.
 EMPLOYER NOT LIABLE

 (a) in respect of any injury which does not result in the total or
partial disablement of the workman for a period exceeding three
days;
 (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 at the time thereof under the
influence of drink or drugs, or
 (ii) the willful disobedience of the workman to an order
expressly given, or to a rule expressly framed, for the purpose
of securing the safety of workmen, 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 workman,
 AMENDMENT IN ACT

 As per the Workmen’s Compensation

(Amendment) Act, 2009, throughout the principal
Act, for the words “workman” and “workmen”,
wherever they occur, the words “employee” and
“employees” shall respectively be substituted,
and such other consequential amendments as the
rules of grammar may require shall also be made.
Explanation of the expression “arising out of
and in the course of employment”

 The words “arising out of and in the course of

employment” are understood to mean “during the
course of the employment or service”. New Section 51-E
has been inserted by Act No. 45 of 2009 which is in force
from 18.1.2010, to provide that if any accidents occur
while commuting from residence to the place of work and
vice versa will be deemed to have arisen out of and in the
course of employment, if nexus between the
circumstances, time and place in which the accident
occurred and the employment is established.
Explanation of the expression “arising out of
and in the course of employment”

 The expression “Employment” is wider than the

actual work or duty which the workman has to do. It
is enough if at the time of the accident the workman
was in actual employment although he may not
be actually turning out the work. Even when the
workman is resting, or having food, or taking his tea
or coffee, proceeding from the place of employment
to his residence, and accident occurs, the accident is
regarded as a rising out of and in the course of
employment.
 EXPLANATION (CONTD..)

arising out of   suggests the cause of the

accident

in the course of  refers to the time, place, and

circumstances of the accident

The claimant must prove that the accident has occurred due to the
circumstances arising out of employment. If the risk taken by the
workman was only because of the employment, it is a valid casual
connection. Worker was doing something for the furtherance of the
employer's business and not for his own benefit, it is a valid
connection.
 VALIDITY AS PER DEFINITION - CASE

Illustrative Case:
In the case of Mackenzie v. I.M. Issak, it was observed that the words
“arising out of employment” means that injury has resulted from risk
incidental to the duties of the service which unless engaged in the duty
of the master, it is reasonable to believe that the workman would not
otherwise have suffered. There must be a causal relationship between the
accident and the employment.

Illustrative Case:
The Supreme Court in Mackinnon Mackenzie and Co. (P) Ltd. V.
Ibrahim Mohammed Issak, 1970 approving the observation of Lord
Summer made in Lancashire and Yorkshire Railway Co. v. Highley, 1917,
observed that the test is: was it part of the injured persons
employment to hazard, to suffer or to do that which caused his
injury? If yes, the accident arose out of his employment, if not it
did not.
 VALIDITY AS PER DEFINITION - CASE
Illustrative Case: Held in Div Personnel Officer, Southern Rly, V Karthiayani,
1987.
If a workman died as a result of drinking contaminated water, which was provided by the
employer for the workmen to drink, the death was the result of an accident which arose
out of and in the course of employment.
 
Illustrative Case: National Insurance Co. Ltd. V. Nalini Dehuri & Others., 2000.
If a truck driver was way-laid and killed by miscreants to loot the consignment, he is a
victim of the offence if he at that time was engaged in discharging the duties assigned to
him. The death was the result of an accident which arose out of and in the course of
employment.

Illustrative Case: Indian News Chronicle vs Mrs Lazarus - Punjab 1961 - It was
held that injury need not only be physical. A workman in the course of his duties has to
go into a heating room and from there to a cooling room. He was afflicted with
pneumonia caused due to change in temperature and dies. It was held that the death
was due to personal injury.
 
 VALIDITY AS PER DEFINITION - CASE

Illustrative Case: Held in Lakshminarayana Shetty v. Shantha, 2002

A person, who works as a contractor has undertaken the work of painting a house.
While doing his work, he had fallen down and died from his injuries. It was held
that engaging a person in this manner does not make him an employee or a
workman. The case did not fall within the four corners of the Act.

Illustrative Case: Held in Jyothi Ademma v. Plant Engineer, Nellore , 2006.

The death of a workman due to heart attack at the work spot, by itself is not
enough to make an award for compensation. It needs to be established that the
workman died sue to the stress and strain of the working conditions. If the
workman did not die on account of any injury sustained by him “in any incident
arising out of and in the course of employment”, no award of compensation can
be made. It has to be established that there was some casual connection
between the death of the workman and his employment. If the employment is
a contributory cause or has accelerated the death, then only the employer
would be liable to pay compensation.
 DOCTRINE OF NOTIONAL EXTENSION

According to the doctrine of notional extension of employment,

an employer is liable to pay compensation for personal injury
caused to a workman by accident occurring beyond his working
hours and beyond his work place if there is nexus between the
time and place of the accident and the employment of the
workman.

Illustrative Case: Held in TNCS Corporation v. Poonamalai,

1994.
If an employee in the course of his employment has to be in a
particular place by reason where he has to face a peril which
causes the accident then the casual connection is established
between the accident and the employment.
 DOCTRINE OF NOTIONAL EXTENSION
Illustrative Case: Held in United India Insurance Company Ltd., Bangalore
v. Susheela (Smt.) & Others. 2004.
A workman died of heart attack while he was on his way home after completing
night duty. It is to be seen that once the theory of notional extension is applied to
the factual situation pertaining to the case in hand, it has to be held that the
accident has occurred within the area falling within the notional extension theory
as the deceased was on his way home after completing his duty.

Illustrative Case: Held in Branch Manager, New India Assurance Co. Ltd.,
v. Jivram Jetha, 2006
An employer came to the house of Jivram Jetha, a block maker and proceeded to a
place on scooter for immediate completion of his work. They met with an accident
and Jivram Jetha succumbed to his injuries the next day. It was held that the duty
of the deceased started as soon as his employer came to take him on scooter for
completion of the work. The nature of the employment made it necessary for him
to be travelling on scooter and as such the claim for compensation was rightly
allowed by the Commissioner.
 DOCTRINE OF ADDED PERIL

According to the doctrine of added peril, if a workman while

performing his duty does something which he is not required
doing and which involves extra danger, the employer would not be
liable to pay compensation if any injury is caused to him.
If the risk taken was on the worker's own account and not due to
employment, then the employer is not liable. Worker should not be
doing something which is way out of scope of his employment .

Illustrative Case:
A person working as a fitter, wanting to take out some scrap,
unnecessarily went under a machine which when started caused a
permanent injury to his hand. It was held that the injury arose out of an
added peril and the employer was not liable to pay compensation to the
fitter.
Held in Devidayal Ralyaram v. Secretary of State AIR 1937
Presented by:
Sachin Jadhav,
Roll No. - 14
 A functional limitation or restriction of an individual's ability to
perform an activity/duty.

• Permanent Total disablement -

Disablement which incapacitates
a worker from all kinds of work. According
to the Act, disability is determined with
reference to the work that the worker was
doing immediately before accident took place
and if the resulting injury leaves him incapable of performing any
work of a similar nature then his disability is considered as100%.
• Permanent partial disablement -
Disablement that reduces
the capacity to work in any employment
similar to that the worker was Performing
at the time of the accident.

• Temporary disablement -
Temporary nature, which reduces
the earning capacity of the worker in any
similar employment for the period of
disablement.
 The amount of compensation shall be as follows, namely –
Where death results from the injury an amount equal to fifty
per cent of the monthly wages of the deceased workman multiplied
by the relevant factor;
or an amount of eighty thousand rupees, whichever is more;
“As per the Workmen’s Compensation Amendment Act
(2009), the minimum compensation limit is increased to
Rs.1,20,000 from Rs. 80,000.”

Where total permanent disablement results from the injury an

amount equal to sixty per cent of the monthly wages of the injured
workman multiplied by the relevant factor;
or an amount of ninety thousand rupees, whichever is more;

“As per the Workmen’s Compensation Amendment Act

(2009), the minimum compensation limit is increased to
Rs.1,40,000 from Rs. 90,000.”
 The amount of compensation shall be as follows, namely -
Where permanent partial disablement result from the injury,
then as per the injury specified in Part II of Schedule 1, such
percentage of the compensation which would have been payable.

Where total Temporary disablement results from the injury,

then the half-monthly payment referred to in clause (d) of sub-
section (I) shall be payable on the sixteenth day –
(i) from the date of disablement where such disablement lasts
for a period of twenty-eight days or more; or
(ii) after the expiry of a waiting period of three days from the
date of disablement where such disablement lasts for a period of
less than twenty- eight days;
Girija, age of 15 yrs, the child labor employed in the silk reeling unit,
was certified by the doctor in the government hospital to be inflicted
with 28% disability from the third degree burns she suffered from
her accident. Her salary was Rs. 50/- per day.
Then what could be Compensation for her?
Presented by:
Arati Bhagade,
Roll No. - 1
 No Civil Court shall have jurisdiction to settle, decide or deal with any question which is
by or under this Act required to be settled, decided or dealt with by a Commissioner or
to enforce any liability incurred under this Act.

 The State Government may, by notification in the Official Gazette, appoint any person
to be a Commissioner for Workmen's Compensation for such area as may be specified
in the notification.

1. Where more than one Commissioner has been appointed for any area, the State
Government may, by general or special order, regulate the distribution of business
between them.

2. Any Commissioner may, for the purpose of deciding any matter referred to him for
decision under this Act, choose one or more persons possessing special knowledge of
any matter relevant to the matter under inquiry to assist him in holding the inquiry.

3. Every Commissioner shall be deemed to be a public servant within the meaning of the
Indian Penal Code (45 of 1860).
 Where any matter under this Act is to be done by or before a Commissioner, the
same shall, subject to the provisions of this Act and to any rules made hereunder,
be done by or before the Commissioner for the area in which –
 (a) The accident took place which resulted in the injury; or
 (b) The workman or in case of his death, the dependant claiming the
compensation ordinarily resides; or
 (c) The employer has his registered office.

 (2) If a Commissioner, other than the Commissioner with whom any money has
been deposited under section 8, proceeds with a matter under this Act.

 (3) If a Commissioner is satisfied that any matter arising out of any proceedings
pending before him can be more conveniently dealt with by any other
Commissioner, whether in the same State or not, he may, subject to rules made
under this Act.

 (4) The Commissioner to whom any matter is so transferred shall, subject to rules
made under this Act, inquire there into and, if the matter was transferred for
report, return his report thereon or, if the matter was transferred for disposal,
continue the proceedings as if they had originally commenced before him
(5) On receipt of a report from a Commissioner to whom any matter has been
transferred for report under sub-section (2), the Commissioner by whom it was
referred shall decide the matter referred in conformity with such report.

(6) The State Government may transfer any matter from any Commissioner
appointed by it to any other Commissioner appointed by it.

Case :-
Joginder Singh v. Commissioner under Workmen’s compensation Act
Where an accident occurs in respect of which liability to pay compensation under this
Act arises.
(1) Subject to the provisions of sub-section (1), no application for the settlement of
any matter by a Commissioner.

(2) An application to a Commissioner may be made in such form and shall be

accompanied by such fee, if any, as may be prescribed, and shall contain, in addition
to any particulars which may be prescribed, namely :-
(a) a concise statement of the circumstances in which the application is made and the
relief or order which the applicant claims;
(b) In the case of a claim for compensation against an employer, the date of service
of notice of the accident on the employer and, if such notice has not been served or
has not been served in due time, the reason for such omission;
(c) The names and addresses of the parties; and
(d) Except in the case of an application by dependants for compensation a concise
statement of the matters on which agreement has and of those on which agreement
has not been come to.
 (1) Where any sum has been deposited by an employer as compensation payable in
respect of a workman whose injury has resulted in death, and in the opinion of the
Commissioner such sum is insufficient, the Commissioner may, by notice in writing stating
his reasons, call upon the employer to show cause why he should not make a further
deposit within such time as may be stated in the notice.
 (2) If the employer fails to show cause to the satisfaction of the Commissioner, the
Commissioner may make an award determining the total amount payable, and requiring
the employer, to deposit the deficiency.

 The Commissioner shall have all the powers of a Civil Court under the Code of Civil
Procedure, 1908 for the purpose of taking evidence

 The Commissioner has power to award compensation more than what is claimed by the
workman if the facts do warrant such an award.
 Illustrative Case:
 Road Transport Corporation v. B.T. Somasekharaiah, 1994 (Karn).
 1) In case of death of the employee

 2) In case of lump sum compensation payable to a woman or a minor or a person of

unsound mind or whose entitlement to the compensation is in dispute or a person
under a legal disability.

 Where it appears to the Commissioner that an agreement as to the payment of lump

sum whether by way of redemption of a half-monthly payment or otherwise, or an
agreement as to the amount of compensation to a workman or a person under a legal
disability ought not to be registered because of inadequacy of the sum or amount or
by reason of the agreement having been obtained by fraud or undue influence or
other improper means, the Commissioner may refuse to record the memorandum of
the agreement. He may pass such order including an order as to any sum already paid
under the agreement, as he thinks just in the circumstances.

Amarshi jeram v. M/s. Hazarat and Co., AIR 1962 Guj 262: 1962 II LL] 187.
 Following amounts may be paid directly to the workman or his dependents:

 1) In case of death of the workman, any advance on account of

compensation up to [an amount equal to three months’ wages of such
workman] may be paid to any dependent.

 2) In case of lump sum compensation payable to an adult male worker not

suffering from any legal disability.

 3) In case of half-monthly payments payable to any workman

 COST- Subject to rule made under this act ,be in discretion of the
Commissioner.

 POWER TO SUBMIT CASES- Commissioner can submit any question of

law for the decision of the High Court.

 REGISTRATION OF AGREEMENTS- Settled by agreement must be

intimated to the Commissioner in the prescribed manner.

 EFFECT OF FAILURE TO REGISTER AGREEMENT- To pay full

amount of compensation , unless the Commissioner otherwise directs.

 APPEALS- an order awarding interest or penalty or an order refusing to

allow redemption or an order providing for the distribution of compensation
among the dependants of a deceased workman or an order disallowing any
claim of a person alleging himself to be such dependant or an order refusing
to registration a memorandum of agreement registering the same or
providing for the registration of the same subject to condition.

 RECOVERY- The Commissioner may recover as an arrear of land revenue

any amount by any person under this act.
Presented by:
Vijen Mehta,
Roll No. - 27
 In case a Commissioner comes to know a workman has died in
course of his employment, then he may send a notice to the
Employer requiring him to submit

 A letter to the Commissioner, within the a period of 30 days stating,

 Details related to death of the workman in a prescribed format

 In Employer’s own opinion, whether he is liable to compensate or not

 If he is liable, then the compensation must be deposited within 30

days of the service of notice

 If he is not liable, then he may specify the reasons for the same

 If the employer admits that he is not liable, then the commissioner

informs to the family of the deceased person to claim for compensation
 The rights are transferred and allowed to vest with the workman, for the time
being in force relating to insolvency or the winding up of companies

 If the liability of the insurers to the workman is less than the liability of the
employer to the workman, the workman may prove for the balance in the
insolvency proceedings or liquidation.

 The contract of the employer with the insurers is void or voidable by reason of
non-compliance on the part of the employer with any terms or conditions of the
contract, the provisions continue to be applied as in the above case, until the
insurers proves in the insolvency or liquidation proceedings of the company

Provided that

 There is lack of notice to the insurers by the workman of any accident or

disablement, as soon as the workman becomes aware of the insolvency or
liquidation proceedings of the company
The debts are in the distribution of the property of an insolvent or in the
distribution of the assets of a company being wound up to be paid in priority to
all other debts

This section shall not apply where a company is wound up voluntarily merely
for the purposes of reconstruction or of amalgamation with another company.

United India Insurance Co. v. Gangadharan Nair, (1987) LLJ 448.

 A principal (a person doing business or trade), contracts some part of business
or trade with a nay person, has to pay the workman employed by the
contractor to carry out principal’s business or trade.

 In case of any compensation, the principal has to pay to the workman, as if he

was employed by him. This will depend on the wages of the workman given by
his immediate employer.

 Principal shall be indemnified by the contractor and in-turn the workman can
recover it from the contractor. All the rights and amount are settled by the
Commissioner.

 There is no prevention against the workman to recover compensation from the

contractor instead from the principal.

 No compensation for a case where the accident occurred elsewhere than on, in
or about the premises on which the principal has undertaken or usually
undertakes, as the case may be, to execute the work or which are otherwise
under his control or management.
 For prescribing an application for review when not accompanied by a medical
certificate;

 For prescribing the intervals at which a workman has to submit medical

examination;

 For prescribing the procedure for disposal of cases

 For prescribing the procedure to transfer of matters, cases & money from one
commissioner to another;

 For prescribing the procedure to invest the money which is in Commissioner

hand;

 For prescribing the procedure for representative of a minor;

 For prescribing the form & manner in which memoranda of agreement shall be
presented & registered;
 For prescribing the manner in which diseases specified as occupational diseases
may be diagnosed & certified;

 For prescribing the manner in which incapacity may be assessed;

 Every rule made under this section shall be laid, as soon as may be after it is
made, before the State Legislature.
 The power to make rules shall be subject to the condition of the rules being
made after previous publication.

 The date to be specified as that after which a draft of rules proposed to be

made will be taken into consideration, shall not be less than three months from
the date on which the draft of the proposed rules was published for general
information.

 Rules so made shall be published in the Official Gazette and, on such

publication, shall have effect as if enacted in this Act.
 
labour.nic.in/ss/Notificaiton
http://www.vakilno1.com/bareacts/workmenscompensationact/workmenscompensationact.h
tm
http://www.citehr.com/search_new.php?q=Compensation+Act%2C+1923&submit=Go
http://www.citehr.com/14928-details-workman-compensation-act.html#axzz18iycLrZC
lawcommissionofindia.nic.in
www.legalindia.in/workmens-compensation-act-1923
en.wikipedia.org/wiki/Workmen's_Compensation_Act_1897
http://www.on-lyne.info/legal9.htm
Economic Labour & Industrial Laws, ICAI Publication
Employer’s Guide to Labour Laws