Page 117 - DCOM207_LABOUR_LAWS

Labour Laws

Notes agreement is placed before the Commissioner in Bangalore, no compromise is allowed
in the principal amount of compensation payable in fatal cases. However in non-fatal
cases, compromise is often permitted to the extent of ` 23,000/-. The Commissioners may
themselves ‘appraise’ the worker of the consequences of not compromising. I.e. the ensuing
litigation, and the time and money that s/he will have to incur, which often influences
the worker to accept the lesser amount. In cases of compensation payable to a women
or person under a legal disability the Act requires that the sum be deposited with the
Commissioner. Any direct payment made to such persons is considered to be no payment
of compensation under law.
This provision for registration and depositing payment with the Commissioner is
to safeguard the interests of the women and dependants from fraud or force. An
unscrupulous employer may pay a lesser amount to the deceased’s dependents. Similarly
an unscrupulous dependent may collude with the employer to deny other dependents of
their share. Therefore, in the case of payments to women and dependents of deceased, an
employer can enter into agreement with them, however:
Such agreement should be registered, and

The money should not be given directly, but deposited with the Commissioner.
Source: http://www.ngosindia.com/resources/wcact.pdf

Self Assessment

Fill in the blanks:

1. The Workmen’s Compensation Act was passed in March 1923 and was put into force on
.................... .

2. The .................... includes persons employed in factories, mines, plantations, mechanically
propelled vehicles, construction works and certain other hazardous occupations.
3. The Act is administered by the .................... through Commissioners for Workmen’s
Compensation.
4. The object of the Act is to impose an obligation upon .................... to pay compensation to
workers for accidents arising out of and in the course of employment.

7.2 Definitions

In this Act unless there is anything repugnant in the subject or context -

7.2.1 Commissioner [Section 2 (1) (b)]

Commissioner means a Commissioner for Workmen’s Compensation appointed under Section
20. The Act provides for appointment of Officers to be known as Commissioners of Workmen’s
Compensation. The Commissioners are to determine the liability of any person to pay
compensation (includ ing the question whether a person is or is not a workman) and the amount
or duration of compensation (including any question as to the nature or extent of disablement).
No civil court bas jurisdiction to deal with matters which are required to be dealt with by a
Com missioner. Certain powers have been given to the Commissioners, e.g., the power to call for
further deposits. The Commissioner has the powers of a Civil Court.

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