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Workmen'S Compensation Act, 1923: Labour Laws P.Aswini MBA 2 YR
Workmen'S Compensation Act, 1923: Labour Laws P.Aswini MBA 2 YR
LABOUR LAWS
P.Aswini MBA 2ND YR
INTRODUCTION
Workmens compensation act 1923 extended to the whole India.
Commissioner means a commissioner for workmens compensation appointed
under sec 20 .
And compensation means provided for by this act;
This is a fantastic piece of legislation, till then burden of proof for claim of
compensation lay with the workman, this Act reversed the position, now the
employer is to prove if he denies claim
Where temporary disablement results from injury- half monthly payment of sum equivalent
to twenty five per cent of monthly wages, to be paid in accordance to Section (2) i.e.
Half monthly payment is to be payable on the sixteenth day
(i) from date of disablement where disablement lasts for a period of twenty eight days or
more, or
(ii) after the expiry of waiting period of three days from date of disablement where
disablement lasts for a period of less than twenty eight days; and thereafter half monthly
during the disablement or during a period of five years whichever period is shorter
provided from lump sum or half monthly payments, payment and allowance received during
period of disablement prior to receiving lump sum or first half monthly payment is to be
deducted, and half monthly payment is not to exceed difference of half of monthly payment
before accident and half of monthly payment after accident ) On ceasing of disablement
before the date half monthly payment falls due, proportional payment is to be paid for that
half month
(4) If injury results in death, employer is to, in addition to compensation, deposit with the
Commissioner Rupees two thousand five hundred towards the expenditure of the funeral of
the workman
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