SOCIAL SECURITY LAWS: WORKMEN COMPENSATION ACT, 1923 – SYNOPSIS

INTRODUCTION

S Ocial Security is (1) the doctrine or belief that the government should provide a minimum
level of economic security and social welfare for citizens and their families (2) Government
money that is paid to people who are out of work, ill, or old; specifically, money that is paid out
as part of a social security program1. It is a type of security, both economic and social, that the
state provides to the needy to maintain their standard of living and social status if they are unable
to do so themselves because some or all of their sources of income have been disrupted.

One such law is Workmen Compensation Act which was enacted in 1923. It provides for
financial protection to workers in case of accidental injury in the course of employment to be
provided by the employer to the dependants of the worker2. One of the main of this research is to
analyze the term ‘in course of employment’ and bring out instances which can or cannot be put
in its ambit, and thus try and ascertain its scope. Also the compensation mechanism will also be
looked at in the courses of this project and efforts will be done to bring some lucidity in it.

This project would be beneficial for the reader in developing a better understanding of the
working of social security laws, especially Workmen Compensation Act, 1923 and will clear
some fog from some grey areas in this law.

STATEMENT OF PROBLEM

Statement of problem author found on this topic is that the theory of ‘notional extension’, which
says that certain activities that are not part of the job but are very closely attached to the job
should also be considered in course of employment, looks a bit underdeveloped. Also, in the
compensation mechanism of the act, there is no distinction between an adult and a minor worker
with respect to amount of compensation. These points reflect some unattended areas of this law
and the author will try and throw some light on them.

LITERATURE REVIEW

In the course of this research project undertaken, the author shall try to cover comprehensively
all the relevant areas that need attention with respect to the research objective on the topic
“Social Security Laws – Workmen Compensation Act, 1923”. The author will try to critically

1
Black’s Law Dictionary – Tenth Edition
2
Workmen Compensation Act, 1923 (Act No. 8 of 1923)
analyze the instances covered under the notional extension theory and suggest anything else that
could be included in this section to make the law more plausible by referring to plethora of
articles by noted jurists, books by eminent writers, case laws of leading cases and many more
primary and secondary resources.

Researching on this topic, author came across the interesting doctrine of notional extension. To
understand it better, author referred to many cases like Manju Sarkar and others v Mabish Miah
and others and National Insurance Company Limited v Dhani Devi and others3, which gave an
incisive insight and good knowledge about the subject matter. Articles to the likes of “Replacing
the Negligence Lottery: Compensation and Selective Reimbursement – By Mark A. Franklin”
and “Legal Intervention in Poverty Alleviation: Enriching the Poor Through Law – By Vikrant
Narayan Vasudev” were extensively consulted to get the best out of these texts. Also, the in-
depth knowledge about the topic could not have been taken without consulting some important
books like “Commentary on The Workmen’s Compensation Act, 1923“, “Law Relating to
Damages, Claims and Compensation” and “Perspectives on Tort Law”4

RESEARCH METHODOLOGY

The methodology which will be used by the author for conducting this research would be
doctrinal research method. Equal and extensive importance will be given to analyze and record
various case laws and legislations and various books, articles, journals, opinions, writings,
statements and videos that the author finds relevant to the topic. All the sources will be used in a
comprehensive and critical way and in such a manner that best supports author’s arguments.

RESEARCH OBJECTIVES

During the course of this research project, author shall aim at the following –

The theory of notional extension is not comprehensive in its present state. It still lacks some
instances and it needs to be revamped.

There should not be any differentiation in the compensation mechanism of a minor and an adult
as it is. No efforts should be made in the direction of changing this existing system.

3
Manju Sarkar and others v. Mabish Miah and others (2014 Indlaw SC 408) and National Insurance Company
Limited v Dhani Devi and others (2016 Indlaw HP 852)
4
Commentary on The Workmen’s Compensation Act, 1923 Alongside Central and State Rules – By R. Chakraborty,
Law Relating to Damages
Claims and Compensation 2nd Edition – By S. C. Mitra and
Perspectives on Tort Law 4th Edition – By Robert L. Rabin
RESEARCH QUESTIONS

The subject matter of this research project has been included keeping in mind some specific
questions. These are –

1. Whether the theory of notional extension should be expanded to include more instances
and thus, making it more comprehensive?
2. Whether there should be any differentiation between a minor and an adult with respect to
the amount of compensation?

TENTATIVE CHAPTERISATION

Chapterisation will depend upon the amount of material author finds on this topic, though a
cursory idea can be given as of now. The starting would be done with an introduction that will
include brief detail and explanation on the topic, which will give the reader prerequisite
knowledge about it. Following this, the Synopsis will be attached to give an idea to the reader
about the reason for which the project is undertaken, expected outcomes and the methods applied
to thrive to reach that outcome.

What will come next would be the major content part of the topic. The author aims to start with
explaining the genesis and need for social security laws in the colonial era and their relevance in
the present times. Also this will include the consideration for socio – political environment in
India to bring best reasoning to the topic. The second phase would see the analysis of instances
where doctrine of notional extension is and can be applied and what further changes can be done
in the doctrine so as to make it more comprehensive and plausible.

The third chapter of this project would consist of arguments regarding the compensation
framework of the said act and various perspectives would be looked at to reach at a logically
coherent argument to answer the research question.

Fourth Chapter would seek to summarise the findings of the project and fifth chapter would
consist of conclusion and suggestions, as to what was the result of this full research and what
course of action should be taken.