Vous êtes sur la page 1sur 11

Procedure

Procedure
Who usually makes the claim u/Sec 10(1)?
A. Usually made by a lawyer

If the employer is of opinion that he is not liable to deposit


compensation, what is he supposed to do?
A. Sec 10A (3) reasons for no liability

What will the ECC do after employer disclaim any liability?


A. Sec 10A (4) dependant can still claim.

Who should the claim be made to u/Sec 19?


A. EC Commissioner (civil court does not have jurisdiction)

What role does Sec 21 has in the previous question?


A. Territorial jurisdiction.

What does proviso to Sec 10(1)(b) point towards?


A. Commissioner can entertain any delayed claim if sufficient
cause is established
Procedure
What sufficient cause should justify the entire period of delay or only 2 years of delay?
A. Entire period of delay (refer Mangal Chand vs Forest Department)

What is sufficient cause?


A. Sufficient cause or condonation of delay is given under section 5 of Limitations
Act. Sufficient cause should receive a liberal construction. There should be no
negligence due to inaction of the party. Few examples: Illness, Imprisonment of
the appellant, Ignorance of law if bona-fide, Mistake of fact, Delay in obtaining
copies of judgement, Poverty, Infancy, Pardah, Mistake of Counsel

What is the period of limitation in case of occupation disease?


A. 2 years from first days of continuous absence from work because of
disablement caused by the disease or the date when symptoms of OD was
noticed.

How is Sec 24 and Sec 25 related to Sec 2(1)(d)(ii) viz., the oral contract?
A. Documentary evidence

When would ECC levy interest plus penalty?


A. If delay is due to negligence or personal fault of the employer and no
reasonable justification is given by the employer (after claim proceedings has
been completed)
Procedure
Is the agreement u/Sec 28(2) an agreement u/IDA or is an
agreement u/Contract Act of 1872?
A. Contract Act
What do knowledge of accident u/Sec 10, 10A and 10B supersede?
A. Every other excuses

U/Sec 19(2), the bar on role of civil court is tenable especially in the
case where it is a Question of Fact u/Sec 19(1).

How is Sec 24 and Sec 25 related to Sec 11 and Sec 4(1)(c)(ii)?


A. Documentary evidence
Which subsection of Sec 8 is Sec 25 related to?
A. Section 8 (4) for documentary evidence

In which 2 events notice of accident is served by employee to


employer?
A. 10(1) and 10(1)(a) + 10(1)(b)
What is the time limit within which such notice is to be served?
A. 2 yrs u/Sec 10(1)
Procedure
What if the employee fails to notify to employer?
A. Other employee can notify u/Sec 10A/10B for
PTD or knowledge of accident u/Sec 10(1)(b)

Notice of accident can be served u/Sec 10A by any


other employee or if the employer has knowledge
of accident from any other source u/Sec 10(1)(b)
are required in case where?
A. If employee fails to notify employer

What should be the procedure in a fatal case?


A. Admit liability within 30 days or
10A(3)+10A(4).
Procedure
What should be the procedure in a non-fatal case?
A. Need examination before 3 days and then admit liability or
otherwise.
By when should employer admit liability fully or partly or otherwise suggests
his inability?
A. 30 days in case of fatal accident or immediately after medical
examination
By when should the injured person be sent for medical examination u/Sec
11?
A. Before expiry of three days from the time at which service of notice
given by employee has been effected.

What is expected from employer post medical examination?


A. Based on report of the examination by QME, employer is expected
to determine the extent of liability that he accepts and intimate the
same to the employee in reply to the notice that he has sent or
deny liability.

What are the antecedents to full liability?


A. 10A + 30 days or post medical exam u/Sec 11
Procedure
What are the duties of employer in case of full liability?
A. u/Sec 28 after 7 days from Sec 10 / Sec 10A and 10 B + Sec
8.
What are the duties of employer in case of partial liability?
A. Employer has to make provisional payment based on the
extent of the liability he accepts u/Sec 4A(2) leading to
payment to be made u/Sec 8(1) / 8(2)
What if the dependent or injured employee is not happy and the
matter is related to question of law?
A. 22 (1A) + 22 (2)(d) leading to Sec 8

What if the dependent or injured employee is not happy and the


matter is related to question of fact?
A. 19 considering 21 + 22 leading to Sec 8

What if the agreement has failed?


A. 22 leading to 8
Procedure
What if the ECC is not happy in case of non-fatal accident?
A. Nothing.

What if the ECC is not happy in case of fatal accident?


A. 22A leading to Sec 8.

What if dependent or employee is not happy?


A. They can file an appeal under Section 30 if substantial
question of law is involved.
What is the process in case employer assumes no liability?
A. 10A(4) leading to 22 leading to 8 / 19 considering 21
leading to 22 and 8
Procedure
Which Sec would be used if dependent claims u/Sec 10A(4)?
A. Sec 22 (form of application)

Which Sections would be used if dependent try out procedure as defined


u/Sec 19?
A. Section 21 and 22

What are the antecedents to Sec 19 (question of fact)?


A. Not happy, no agreement, no liability u/10A(3)

What are the antecedents to Sec 22?


A. 28 has failed followed by 19 in consideration of 21

Would establishment not covered u/ESI Act come under ECA?


A. Yes

What if employer does not discharge his duties under the Act?
A. Refer Section 18 and if employer refuses to pay compensation
or deposit amount as ordered by ECC refer Section 31; if
employer defaults in paying compensation due refer Section 4A.
Procedure
What power does the commissioner has in case of fatal accident u/Sec
22A?
A. Send a show cause notice to the employer if he thinks
compensation paid is not sufficient and may also award the
deficit if employer fails to show cause

When a medical examination u/Sec 11 is required to be carried out?


A. In case it is a question of fact

What do the agreements intended to cover and what is the time frame
for registering the memorandum?
A. Compensation within 7 days / 30 days

Can commissioner review his order?


A. No, can correct only clerical or arithmetical mistakes arising
from any accidental slip or omission

Can commissioner appoint any one for recording a evidence?


A. Yes, and he has to record the reason for the inability to do so

Is commissioner a Civil Court and if not why?


A. Commissioner is a special court, Case Ram Sarup & Anr. vs
Gurdev Singh & Anr.
Procedure
What is the difference between court and tribunal?
A. All courts are tribunals but all tribunals are not courts. A
tribunal is a setup to deal with cases under special laws
thus providing specialised adjudications. They function like
courts. They are quasi-judicial in nature.

If employer has himself paid medical bill for treatment, will the
notice of accident by employee still be needed?
A. No, it will not be required as management is aware of
accident as they are paying bills. Refer : Deep Metal
Industries vs Gaikwad B.D. on 11 January, 1995
Can amount paid in F&F to wife of deceased employee be treated
as an alternative to an agreement u/Sec 28?
A. It can not be treated as alternative because even payment
made by employer (receipt of payment) needs to be
registered under Section 28. Ref:Nagapattinam Import And
Export ... vs K. Lakshmi on 2 April, 1992