Prepared by

:- Hemangi Sharma

Submitted to :- Mrs. Shilpa Bhatt

Stream

:- T.Y. B.M.S (sem-6)

Subject

:- Industrial Law & Labour Law

College
:-Smt. N. C. Gandhi & B. V. Gandhi mahila
arts & commerce college Bhavnagar.

FLOW OF PRESENTATION
Introduction

of workmens compensation act, 1923

Definition of workmens compensation act, 1923

Objects and aims of the act

Definitions under the workmens compensation act,

1923

Features

of workmens compensation act,1923

Review of the topic

Bibliography

The Workmen's Compensation Act, 1923 is one of the

important social security legislations. This legislation given by
the statute for the welfare of workmen.
The Workmens Compensation Act, 1923 provides for payment
of compensation to workmen and their dependants in case of
injury and accident (including certain occupational disease)
arising out of and in the course of employment and resulting in
disablement or death. The amount of compensation to be paid
depends on the nature of the injury and the average monthly
wages and age of workmen. The minimum and maximum rates
of compensation payable for death (in such cases it is paid to
the dependents of workmen).

The Workmen's Compensation Act 1923 was enacted to help

workmen face the hardships resulting from accidents. These
legal provisions apply equally to women workers also. An
employer liable to provide monetary compensation to a
disabled workman, or to his dependents, in case of his death,
if the disablement or death occurs "out of and in the course of
employment."

 The main object of the Act is to impose legal

obligation on the employers to pay compensation to
workmen involved in accidents while working in the
premises.

To make efforts on prevention of accidents,

giving workmen greater freedom from anxiety
and rendering industry more attractive.
Protection of workmen, as far as possible, from
hardship arising from accidents.

Commissioner of workmens compensation duly appointed

under section 20 of the Act. Section 20, If any question
arises in any proceedings under this Act as to the liability of
any person to pay compensation (including any question as to
whether a person injured is or is not a workmen) or as to the
amount of duration of compensation (including any question
as to the nature or extent of disablement) the question shall in
default of agreement be settled by a Commissioner.

Dependant means any of the following relatives of a deceased

workmen, namely:
(I) a widow, a minor legitimate or adopted son and unmarried
legitimate or adopted daughter, or a widowed mother.
(II)

if wholly dependant on the earnings of the workman at the

time of his death, a son or a daughter who has attained the
age of 18 years and who is infirm.

(III)

It includes dependents who are wholly or in partly

dependent on the earnings of workman at the time of his
death.

Managing agent means any person appointed or acting

as the representative of another person for the purpose
of carrying on such other persons trade or business but
does not include an individual manager subordinate to
an employer.

Employer includes any body or 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.

Disablement means loss of capacity to work or to move.

disablement of workmen 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

Total disablement

Partial disablement

Total disablement means such disablement, whether of a

temporary or permanent nature, as incapacitates a
workmen for all work which he was capable of
performing at the time of the accident resulting in such
disablement.

Partial disablement means any disablement as reduces

the earning capacity of a workmen as a result of some
accident. It may be temporary or permanent.
Partial disablement

Temporary partial
disablement

Permanent partial
disablement

Temporary partial disablement means any disablement

as reduces the earning capacity of a workmen in any
employment in which he was engaged at the time of the
accident resulting in the disablement.

Permanent partial disablement is one which reduces the earning

capacity of a workmen in every employment which he was
capable of undertaking at that time of injury.

Wages includes any privilege or benefit which is

capable of being estimated in money other than a
traveling allowance or the value of any traveling
concession or a contribution paid by the employer of a
workman towards any pension or provident fund or a
sum
paid
to
a
workman
to
cover
any special expenses entailed on him by the nature of
his employment.

workmen as,

A railway servant as defined in Railways Act 1989 except

those who are permanently employed in an administrative
office.

a master, seaman, or any crewman of a ship.

captain or a crew member of an aircraft.

driver, mechanic, cleaner, helper or employed to any task

related to motor vehicles.
a person recruited for work abroad by a company.

1) Act provides for cheaper and quicker mode of disposal of

disputes trough special proceedings than possible under civil
laws.
2) The Act provides compensation to workmen or injury caused
by accident and occupational disease arising out of and in the
course of employment.
3) The Act is applicable to apprentices also( during his training).
4) Procedure for settlement of claim is through Commissioners.

(5) The amount of compensation depends, in case of death, the

average monthly wages, and in case of injury, the average
monthly wages and the type of injury.
Amount of the compensation:
Death:
- 50% monthly wages multiplied by relevant factor
Or
- Rs.80,000 whichever is less
Permanent total disablement:
- 60% of monthly wages multiplied by relevant factors
Or
- Rs 90,000 whichever is more

Permanent partial disablement:

- Part 2 of schedule 1 specified injury such percentage as payable in case of

permanent total disablement.

- Part 2 of schedule 1 unspecified injury proportionate to loss.

(6) Workmens compensation is not payable,

if person insured under employees state insurance act, 1948.
if the workmen is under influence of drink or drugs.
if the workmen willfully disobeys instructions or rules framed
or safety guards or other devices.
If total or partial disablement does not exceed three days.

The act applies to railway and persons employed in factories,

mines, plantations, mechanically propelled vehicles,
construction work, and certain other hazardous occupations.
there is no wage limit for coverage under the act. The act,
however, is not applicable to the persons who are covered
under the employees state insurance act.1948. it is
administered by the respective state governments/union
territory administrations. The state governments are required
to appoint commissioners for (a) settlement of disputed claims
(b) disposal of cases of injuries involving death; and (c)
revision of periodical payments. The compensation payable to
the employee or to his dependants cannot be assigned,
attached or charged.

Review of the topic

Introduction of workmens compensation act, 1923
Definition of workmens compensation act, 1923
Objects and aims of the act
Definitions under the workmens compensation act,
1923
Features of workmens compensation act,1923

Bibliography

Labour Laws.
By - Taxman's.
Publication: Taxman Allied Services Pvt. Ltd.

Industrial Relation.
By - A.M. Sharma.
Publication: Himalaya Publishing House.