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Protection which the society provides for its membersthrough series of public measures against Economic andsocial distress that otherwise cause stoppage orsubstantial reduction of earning resulting from

Sickness Maternity Employment injury Unemployment

Invalidity Old age and Death

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PROTECTIVE MEASURES

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Promotional measures

Aim at enhancing the normal living conditionsCover

Access to health care

Productive assets

Employment growthMinimum WagesFood security

Employment securityIncome security

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In the modern high tech world

Risk of accidents andOccupational Diseases are high

Leads to death or disablement

In dangerous and hazardous process

Impossible to eliminate

Internationally recognized, accessible and best possiblealternative is to compensate

The loss of earning capacity

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Immediate solace in the form of cash paym

To assure social justice and social securityage old doctrine that there can be no liability without fault has been sacrificedContributory negligence, Assumption of riskand Common employment or Fellow ServanRule discarded

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Actseeks to compensate the employee injured

Question isto compensate whom, and

in what respect

Answer

to compensate a wage earnerand not the individualto compensate the loss of his earning power

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The suffering of the individual is not takeninto account

Liberal construction of the provisions

To be construed giving the widest scope

The ameliorative and beneficial provisionsPedantic approach to be avoided

If two interpretations are possible The one beneficial to the employee to be

accepted

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This act is applicable to the whole of India.

It came into force on 1 st July 1924Claim for compensation under the Act in respectof injury sustained by a workman coverable under

ESI Scheme is barred, in view of Section 53 of Employees State Insurance Act, 1948; even ifcontributions in respect of the said workman to ESIScheme is not paid by the employer and even if noaction for his registration under ESI Scheme is nottaken 2003(1) LLJ 558 (SC)

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By virtue of Section 143 of Motor Vehicles Act, 1988, provisions of Chapter 10 of the said Act getsincorporated, by reference into the provisions ofWorkmens Compensation Act. Section 140 of Motor

Vehicles Act, 1988 applies to any claim forcompensation in respect of permanent disablementunder Workmen s Compensation Act, it falls within theterm permanent disablement defined in Section 142 of

Motor Vehicles Act 2006(4) KLT 303

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Authority under the Act

Commissioner for Workmens

Compensation

It is a quasi-judicial functionary

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Two pertinent aspects

Employee, and

Compensation

Section 2(1)(dd) of the Act defines anemployee

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Employee

Employee means any person who is

i. a railway servant as defined in Clause (34) ofsection 2 of the Railways Act, 1989 (24 of 1989)not permanently employed in anyadministrative, district or sub-divisional officeof a railway and not employed in any suchcapacity as is specified in Schedule II, or

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i(a) (a) a master, seaman or other member of the crew of aship,

(b) a captain or other member of the crew of anaircraft,

(c) a person recruited as driver, helper, mechanic,cleaner or in any other capacity in connection witha motor vehicle,

(d) a person recruited for work abroad by a companyand 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 casemay be, is registered in India, or

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ii. Employed in any such capacity as is specified in

Schedule. II, whether the contract of employment wasmade before or after passing of this Act and whether

such contract is expressed or implied, oral or in

writing; but does not include any person working inthe capacity of a member of the Armed Forces of the

Union;

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In the present position wherein the terms in the bracket inthe definition (other than a person whose employment is ofa casual nature and who is employed otherwise than for

the purpose of the employer s trade or business) is omittedby the Amendment Act, 2000, Schedule II to the Act hasmuch relevance.

The Schedule II contains the list of persons who, subject to

the provisions of Section 2(1)(dd), are included in thedefinition of workman.

This schedule is supplementary to the definition of theworkman in Section 2(1)(dd)

It purports to be enumerative and does not add furthermatter to supplement the definition already given

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Schedule II

The following persons are workmen within the meaning ofSection 2(1)(dd) and subject to the provisions of this section,that is to say, any person who is

i. employed in railways, in connection with the operation,repair or maintenance of a lift or a vehicle propelled bysteam or other mechanical power or by electricity or inconnection with the loading or unloading of such a vehicle,or

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ii. employed in any premises wherein or within the pre whereof a manufacturing process as defined in Claus

Section 2 of the Factories Act, 1948, is being carriedkind of work whatsoever incidental to or connected wsuch manufacturing process or with any article made

or not employment in any such work is within such p precincts any steam, water or other mechanical poweelectrical power is used, or

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iii.employed for the purpose of making, altering, repairing,ornamenting, finishing or otherwise adapting for use, transport orsale of any article or part of an article in any premises

Explanation

For the purpose of this clause persons employed outside suchpremises or precincts but in any work incidental to or connectedwith, the work relating to making, altering, repairing,ornamenting, finishing or otherwise adapting for use, transport or

sale of any article or part of an article shall be deemed to beemployed within such premises or precincts; or

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iii.b employed for the purpose of making, altering,repairing, ornamenting, finishing or otherwise

adapting for use, transport or sale, any article orpart of an article in any place wherein steam,water or other mechanical power or electricalpower is not used, if the State Government haveby notification in the official Gazette, underSection 85 of the Factories Act, 1948, declaredthat all or any of the provisions of that Act shallapply to such place, or

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iv. employed in the manufacture or handling ofexplosives in connection with the employer s trade

or business, orv. employed, in any mine defined in Clause (j) of

Section 2 of the Mines Act, 1952 in any miningoperation or in any kind of work incidental to or

connected with any mining operation or with themineral obtained, or in any kind of work whatsoeverbelow ground, or

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vi. Employed as the master or seaman of

a) any ship which is propelled wholly or in part by

steam or other mechanical power or by electricity orwhich is towed or intended to be towed by a ship sopropelled, or

b) any sea-going ship not included in Sub-clause (a)provided with sufficient area for navigation undersails alone, or

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vii.employed for the purpose of a) loading, unloading, fuelling, constructing,

repairing, demolishing, cleaning or painting anyship of which he is not the master or member ofthe crew, or handling or transport within thelimits of any port subject to Ports Act, 1908 or

the Major Port Trusts Act, 1963 of goods whichhave been discharged from or are to be loadedinto any vessel, or

b) wharfing a ship through the dock, orc) mooring and unmooring ships at harbour wall

berth or in pier, or

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vii.employed for the purpose of a) removing or replacing dry dock caissons when

vessels are entering or leaving dry docks, or b) the docking or undocking of any vessel during an

emergency, orc) Preparing splicing coil springs and check wires,

painting depth marks on dock sides, removing orreplacing fenders whenever necessary, landing ofgangways, maintaining life-buoys up to standardor any other maintenance work of a like nature,or

d) any work on jolly boats for bringing the shipsline to the wharf, or

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viii. Employed in the construction, maintenance,repair or demolition of

a) Any building which is designed to be or is or hasbeen more than one storey in height above theground or twelve feet or more from the ground levelto the apex of the roof, or

b) Any dam or embankment which is twelve feet or

more in height from its lowest to its highest point, orc) Any road, bridge, tunnel or canal, ord) Any wharf, quay, sea-wall or other marine work

including any moorings of ships, or

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ix. employed in setting up, maintaining, repairing, ortaking down any telegraph or telephone line or

post or any overhead electric line or cable or postor standard or fittings and fixtures for the same,or

x. employed in the construction, working, repair or

demolition of any aerial rope way, canal, pipe line,or sewer, or

xi. employed in the service of any fire brigade, or

E l d il d fi d i l 31 f

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xii. Employed upon a railway as defined in clause 31 ofsection 2 and sub-section (1) of section 197 of railwaysact, 1989 either directly or through a sub-contractor, bya person fulfilling a contract with railwayadministration, or

xiii. Employed as an inspector, main guard, sorter or vanpeon in the railway mail service or as a telegraphist oras a postal or railway signaler, or employed in any

occupation ordinarily involving outdoor work in theIndian posts and telegraphs department, orxiv. Employed in connection with operations for winning

natural petroleum or natural gases, or

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xv. Employed in any occupation involving blasting operations, or

xvi. Employed in the making of any excavation or explosives have

been used, or whose depth from its highest to its lowest pointexceeds twelve feet, or

xvii. Employed in the operation of any ferry boat capable of carryingmore than ten persons, or

xviii. Employed on any estate which is maintained for the purpose ofgrowing cardamom, coffee, rubber or tea, or

f

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xix. Employed in the generating, transforming, transmitting ordistribution of electrical energy or in generation or supply of gas,or

xx. Employed in a lighthouse as defined in clause (d) of section 2 ofIndian lighthouse act, 1927 (17 of 1927, or

xxi. Employed in producing cinematograph pictures intended forpublic exhibition or in exhibiting such pictures, or

xxii. Employed in training, keeping or working of elephants or wildanimals, or

xxiii. Employed in in the tapping of palm trees or the felling or loggingof trees, or the transport of timber by inland water, or the controlor extinguishing of forest fire, or

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xxiv. Employed in the operations for catching or hunting of elephantsor other wild animals, or

xxv. Employed as a driver, or

xxvi. Employed in the handling of transport goods in, or within theprecincts of

a) Any warehouse or other place in which goods are stored, orb) Any market, or

xxvii. Employed in any occupation involving the handling andmanipulation of radium or x-ray apparatus, or contact withradio-active substances

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xxviii.employed in or in connection with the construction, erection,dismantling, operation or maintenance of an aircraft as defined inSection 2 of the Indian Aircrafts Act, 1934, or

xxix. employed in horticultural operations, forestry, bee-keeping or farming by tractor or other contrivances driven by steam or other mechanical power or by electricity, or

xxx. employed in the construction, working, repair or maintenance of tubewells, or

xxxi. employed in the maintenance, repair or renewal of electric fittings inany building, or

xxxii. employed in circus, orxxxiii. employed as watchman in any factory or establishment, or

xxxiv. employed in any operation to the sea for catching fish, or

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xxxv. employed in any employment which requires handling of snakesfor the purpose of extraction of venom or for the purpose oflooking after snakes or handling any other poisonous animal or

insect, orxxxvi. employed in handling animals like horse, mules or bulls, or

xxxvii. employed for the purpose of loading or unloading anymechanically propelled vehicle or in the handling or transport of

goods which have been loaded in such vehicles, orxxxviii. employed in cleaning sewer lines or septic tanks within the limits

of the local authority, or

xxxix. employed on surveys and investigation, exploration or gauge or

discharge observation of rivers including drilling operations,hydrological observations and flood forecasting activities, groundwater surveys and exploration, or

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xl. employed in clearing of jungles or reclaiming land or ponds, or

xli. employed in cultivation of land or rearing and maintenance of

live stock or forest operations of fishing, orxlii. employed in installation, maintenance or repair of pumping

equipment used of lifting water from wells, tube wells, ponds,lakes, streams and the like, or

xliii. employed in the construction, boring, or deepening of an openwell or dug well, bore well, bore-cum-dug well, filter point andthe like, or

xliv. employed in spraying and dusting of insecticids or pesticides inagricultural operations or plantations, or

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xlv. employed in mechanised harvesting and threshing operations, or

xlvi. employed in working or repair or maintenance of bulldozers,tractors, power tillers and the like, or

xlvii. employed as artist for drawing pictures ar advertisement boards at aheight of 3.66 meters or more from the ground level, or

xlviii. employed in any news paper establishment as defined in theWorking Journalists and Other Newspaper Employees (Conditionsof Service) and Miscellaneous Provisions Act, 1955 and engaged inoutdoor work.

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Illustration

Driver of Government vehicles

Comes under the category of workman under

the ActRadhamony Vs Sec. Dept of Home

1994(2)KLT 941

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A charitable society by name acW klmb ^vconducting gold loan and chitties to generatefund for the charitable purpose

Merely because the nature of the society is charitable, itwill not get absolved from the liability to compensate theworkman who had met with an accident during the courseof employment in connection with its business

Kerala Balagram Vs Kochumon 1997(2)KLT 812

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Taxi driver went with passengers to Ponmudi Passengers invited him to sleep in the their room atnight he accepts and slept there During night he wasmurdered and the car was stolen.

Killing of workman while he was in the course of his

employment by an unknown person has to beconsidered as death caused as a result of an accidentarising out of his employment

United India Insurance Vs Philo 1996(2)

KLT 432

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Substitute workman engaged and paid directly by apermanent labour is workman under the Act

2000(3) KLT 10Mahout in the service of the Forest Department ofGovernment is a workman 1988(2) KLT 150

In the case of death of a driver of a jeep requisitionedunder a statute whereunder the owner of the jeephad no other option than to put it under the servicesof requisitioning authority, employer liable to

compensation under the Act for the death of the jeepdriver would be the requisitioning authority 2006(11) SCC 692

For a person to be workman under the Act it is not

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For a person to be workman under the Act, it is notnecessary that he should be working in a factory asdefined in Factories Act. It is sufficient if, he works inany premises wherein manufacturing process asdefined in Section 2(k) of the Factories Act is carriedout AIR 2001 SC 220

Coconut climber working for 12 persons, dying inaccident while working for a clerk whose wife is ateacher, is not a workman, there being no employer-employee relationship 1995(1) KLT 4

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Dependents ( Section 2(1)(d)

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Dependents ( Section 2(1)(d)

Dependent means any of the following relatives ofa deceased workman, namely

a widow, a minor legitimate or adopted son, an unmarriedlegitimate or adopted daughter, or a widowed mother

If wholly dependent on the earnings of the workmanat the time of his death

a son or a daughter who has attained the age of 18 years

and who is infirm

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If wholly or in part dependant on the earnings of theworkman at the time of his death;

a. a widowerb. a parent other than a widowed motherc. a minor illegitimate son, an unmarried illegitimate daughter

or daughter legitimate or illegitimate or adopted, if marriedand a minor or if widowed and a minor

d. a minor brother or an unmarried sister or a widowed sister, if

a minore. a widowed daughter-in-lawf. a minor child of a pre-deceased song. a minor child of pre-deceased daughter where no parent of the

child is live, or

h. a paternal grand parent if no parent of the workman is alive

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Illustration

Veerappan Vs Muthamma

Widow being a legal heir of her husband,compensation due to her as a legal heir cannot be

deprived to her merely on the ground that she hasremarried.1994(2)KLT 649.

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Provided that the employer shall not be so liable

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Provided that the employer shall not be so liable

a. In respect of any injury not resulting in death or permanenttotal disablement of the workman for a period exceeding threedays

b. in respect of any injury not resulting in death or permanenttotal disablement caused by an accident which is directlyattributable 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, orto a rule expressly framed, for the purpose of securing the safety ofworkmen, or

iii. the willful removal or disregard by the workman of any safety guard orother device which he knew to have been provided for the purpose ofsecuring the safety of workmen

CONDITIONS OF LIABILITY OF EMPLOYER FOR COMPENSATION

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Section 3(1) requires

a. a personal injury must be caused to the workman;

b. the injury must have been caused by accident; and

c. the accident must have arisen out of and in the course of hisemployment.

There should be a casual connection or association- between the employment and the injury caused

- between the injury and the accident

Means an act done in carrying out the conditions of theemployment caused the accidental injury

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INJURY AND ACCIDENT

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INJURY AND ACCIDENT

What is an accidentuntoward mishapnot expected

not designed by the workman

Injuryevent happening externally

event happening internallythat imperils life or causes pain

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ARISING OUT OF AND

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IN THE COURSE OF

Taken from the English Act, 1897. Adopted in American & Dominion Acts

Words used conjunctively and not distinctively

Out of points to the origin of cause of accident

In the course of to the time, place and circumstancesunder which the accident took place

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In case of death of workman due to capsizing offishing boat at sea, employer is not entitled to berelieved of liability to pay compensation, ondefence of act of God, it being not available to

claim under Section 3 1975 KLT 784

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For entitlement to claim compensation under the

Act, accident must occur during the course ofemployment; and notional extension, casualconnection and reasonably incidental theories inthis regard to establish a claim, will depend onfacts and circumstances of each case.

2007(2) KHC 698 (FB)The Oriental Insurance Co Ltd Vs Joseph

and another

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If injury was sustained while in premises ofestablishment, there is a presumption that itoccurred in the course of employment

2000(3) KLT 270Mor Themotheous Birth Centenary Press Vs

Santhosh Raj

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Section 4(1) enunciate the amount ofcompensationa. where death results from injury

an amount equal to fifty percent of the monthlywages of the deceased workman multiplied bythe relevant factor, or an amount of one lakhtwenty thousand rupees, which ever is more

(amended from eighty thousand as one lakhtwenty thousand rupees)

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b. where permanent total disablement resultsfrom injury an amount equal to sixty percent of the

monthly wages of the injured workmanmultiplied by the relevant factor or anamount of one lakh forty thousand rupeeswhichever is more (amended from ninetythousand as one lakh forty thousand rupees)

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Explanation I Relevant factor the factorspecified in second column of Schedule IVagainst age given in first column.

Explanation II Where the monthly wages ofthe workman exceed 4000/-, deemed to beRs.4000/- only.

The Explanation II is omitted

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New Section 1B inserted

The Central Government may by notificationin the Official Gazette, specify, for the purposesof sub-section (1), such monthly wages inrelation to an employee as it may considernecessary

The monthly wages limit now notified isRs.8000/-

16 228.54 26 215.28 36 194.64

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17 227.49 27 213.57 37 192.14

18 226.38 28 211.79 38 189.5619 225.22 29 209.92 39 186.90

20 224.00 30 207.98 40 184.17

21 222.71 31 205.98 41 181.3722 221.37 32 203.85 42 178.49

23 219.95 33 201.66 43 175.54

24 218.47 34 199.40 44 172.5225 216.91 35 197.06 45 169.44

46 166.29 56 131.95

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47 163.07 57 128.33

48 159.80 58 124.7049 156.47 59 121.05

50 153.09 60 117.41

51 149.67 61 113.7752 146.20 62 110.14

53 142.68 63 106.52

54 139.13 64 102.9355 135.56 65 99.37

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Such percentage of loss of earning capacity

c. Where permanent partial disablement results from the injury

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c. Where permanent partial disablement results from the injury

i. in the case of an injury specified in Part II of Schedule I, such

percentage of the compensation which would have been payablein the case of permanent total disablement as is specifiedtherein as being percentage of the loss of earning capacitycaused by that injury, and

ii. in the case of an injury not specified in Schedule I, suchpercentage of the compensation payable in the case ofpermanent total disablement as is proportionate to the loss ofearning capacity (as assessed by the qualified medicalpractitioner) permanently caused by the injury

Employee injured in accident Employer

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p y j p y providing continuous employment on same

terms. He is entitled to compensation. Loss ofearning power should not be confined only to

present capacity - 1998(1) KLT 252

Loss of earning capacity is not a substitute for percentage of the physical disablement - AIR2007 SC 1208

l h h

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Explanation I Where more injuries than one arecaused by the same accident, the amount ofcompensation payable under this head shall beaggregated but not so in any case as to exceed theamount which would have been payable, if permanenttotal disablement had resulted from the injuries;

Explanation II In assessing the lose of earningcapacity for the purposes of sub-clause (ii), thequalified medical practitioner shall have due regard to

the percentages of loss of earning capacity in relationto different injuries specified in Schedule I.

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d. where temporary disablementwhether total or partial results fromthe injury

a half monthly payment of the sumequivalent of twenty five percent ofmonthly wages of the workman, to bepaid in accordance with provisions ofsub-section (2)

2. The half monthly payment referred to in clause (d) ofsub-section (1) shall be payable on the sixteenth day;

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sub-section.(1) shall be payable on the sixteenth day;

i. from the date of disablement where suchdisablement lasts for a period of twenty eight daysor more, or

ii. after the expiry of a waiting period of three days

from the date of disablement where suchdisablement lasts for a period of less than twentyeight days, and thereafter half-monthly during thedisablement or during a period of five years,

whichever period is shorter.

Provided that

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Provided that a. there shall be deducted from any lump sum or half-

monthly payments to which the workman is entitledthe amount of any payment or allowance which theworkman has received from the employer by way ofcompensation during the period of disablement priorto the receipt of such lump sum or of the first half-monthly payment, as the case may be; and

b. no half monthly payment shall in any case exceed theamount, if any, by which half the amount of themonthly wages of the workman before the accident

exceeds half the amount such wages which he isearning, after the accident.

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LIST OF INJURIES DEEMED TO RESULT IN

PERMANENT TOTAL DISABLEMENT1. Loss of both hands or amputation at higher sites 100%

2. Loss of a hand and a foot 100%

3. Double amputation through leg or thigh, or amputation

through leg or thigh on one side and loss of other foot 100%

4. Loss of sight to such an extent as to render the claimant

unable to perform any work for which eye-sight is essential 100%

5. Very severe facial disfigurement 100%

6. Absolute deafness 100%

Schedule I Part IIList of injuries deemed to result in Permanent Partial Disablement

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1. Amputation through shoulder joint 90%2. Amputation below shoulder with stump less than

20.32 Cms from tip of acromion 80%3. Amputation from 8 from tip of acromion to less than

11.43 Cms below tip of olecranon 70%4. Loss of a hand or of the thumb and four fingers of one hand

or amputation from 11.43 Cms below tip of olecranon 60%5. Loss of thumb 30%6. Loss of thumb and its metacarpal bone 40%7. Loss of four fingers of one hand 50%8. Loss of three fingers of one hand 30%

9. Loss of four fingers of one hand 20%10. Loss of terminal phalanx of thumb 20%10A. Guillotine amputation of tip of thumb without loss of bone 10%

Note to Schedule. I

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If the injury of the workman results in his death,

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If the injury of the workman results in his death,the employer shall, in addition to thecompensation under Sub-Section (1), depositwith the Commissioner a sum not less than fivethousand rupees for payment of the same to theeldest surviving dependent of the workman

towards the expenditure of the funeral of suchworkman or where the workman did not have adependent or wan not living with his dependentat the time of his death to the person who actually

incurred such expenditure.

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Calculation of Wages

Monthly wages amount of wages deemed to be payable for ah i

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months service

i. Continuous period not less than twelve months immediatelypreceding the accident monthly wages one-twelfth of totalwages which have fallen due for payment to him in the lasttwelve months

ii. If less than one month average monthly amount beingearned by a workman employed on the same work by thesame employer, OR, if there was no workman so employed,by a workman employed on similar work in the same locality

iii. In other cases, thirty times the total wages earned in respectof the last continuous period of service divided by thenumber of days comprising such period.

DISTRIBUTION OF COMPENSATION

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Claim for compensation to be filed within two years fromthe date of occurrence of accident or death

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The claim shall be made before a Commissioner forthe area in which

the accident took place which resulted in the injurythe workman or in case of his death, the dependantclaiming the compensation ordinarily residesthe employer has his registered office

If the proceedings is before a Commissioner nothaving jurisdiction over the area where the accidenttook place, a notice to such Commissioner isrequired

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The employee who met with the accident should give a

notice of accident to the employer as soon aspracticable after the happening thereof.

Without such serving of notice the CWC cannotentertain any claim for compensation. Any defect orirregularity of the notice not a bar. If the employer hadknowledge, that is enough

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Save as provided by the Act no lump-sum or halfmonthly payment payable under this Act shall in anyway be capable of being assigned or charged or beliable to attachment or pass to any person other thanthe workman by operation of law, nor shall anyclaim be set-off against the same.

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Liability arises, When ?

Principal Employer liable for payment of

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Principal Employer liable for payment ofcompensation even when the workman is employedunder a contractor notwithstanding any agreementbetween contractor and principal employer regardingliability for payment of compensation

The contractor to indemnify the Principal

The worker can choose to recover compensation fromthe contractor instead of principal


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Section 110 AA of the Motor Vehicles Act makes it

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Section 110 AA of the Motor Vehicles Act makes it

clear that a claim for compensation arising out ofWorkmen s Compensation Act may be made eitherbefore MACT or CWC.

It is the option of the claimant

Both are effective alternatives

National Insurance Company Vs Narayanan Nair 1988(1)KLT.794


Section 14 does not operate as a prohibition against

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Section 14 does not operate as a prohibition against

any proceedings before the Workmen s CompensationCommissioner involving the insurer who is liableunder a contract of insurance to discharge the liabilityof the employer to compensate the workman according

to the provisions of the Workmen s Compensation Act. United India Insurance Company Vs - Gangadharan Nair 1987LLJ.448


In the contingencies mentioned in Section 14

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In the contingencies mentioned in Section 14,

workman shall have the rights of employer andliability of insurer does not vanish in any suchcontingency; workmen being entitled to enforcethe right of the employer as against the insurer

Oriental Insurance Company Vs Kuttan Nair 2007(1) KLT 549

Liability arises, When ?If the insurance company has agreed to discharge the liability bythe employer under Workmen s Compensation Act the liability

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the employer under Workmen s Compensation Act, the liability

of the insurance company to indemnify the insurer shall have tobe determined by the Commissioner in the very sameproceedings 1995(1) LLJ 168

Cooperative Society providing financial assistance for purchase

of autorikshaws on hire purchase agreement, being the owner ofvehicle by virtue of hire purchase agreement until the full hireamount is paid, is the principal employer liable to paycompensation to workman employed on the autorikshaw ILR1997(3) Ker 17


In case of death of workman employed by

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contractor engaged by company in relation to workof expansion of the business of the company, insidethe factory premises of the company where itsbusiness was carried; company being the principalemployer is liable to pay compensation 2001(2)KLT 739

Malankara Rubber and Produce Co. Ltd Vs Hameed & others.


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Section 30

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An appeal on the order of the WorkmensCompensation Commissioner stands before the HighCourt as MFA

The High Court can entertain the appeal if theamount of award is deposited with theCommissioner

The High Court can receive an appeal only on anyquestion of Law and not on a question of fact

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THANK YOU

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