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Unit 7: Definitions under Workmen’s Compensation Act, 1923

When compensation to be deposited with Commissioner? Notes

The amount of compensation is not payable to the workman directly. It is generally deposited
along with the prescribed statement, with the Commissioner who will then pay it to the workman.
Any payment made to the workman or his dependents, directly, in the following cases will not be
deemed to be a payment of compensation:

(i) in case of death of the employee;
(ii) in case of lump sum compensation payable to a woman or a minor or a person of unsound
mind or whose entitlement to the compensation is in dispute or a person under a legal
disability.
Besides, compensation of ` 10 or more may be deposited with the Commissioner on behalf of the
person entitled thereto. The receipt of deposit with the Commissioner shall be a sufficient proof
of discharge of the employer’s liability.

7.2.2 Workman

The definition of the term “workman” is important because only a person coming within the
definition is entitled to the reliefs provided by the Workmen’s Compensation Act. “Workman” is
defined in Section 2(n) read with. Schedule II to the Act.
In Schedule IT, a list (consisting of 32 items) is given of persons who come within the category
of workmen.

Example: Persons employed otherwise than in a clerical capacity or in a railway to operate
or maintain a lift or a vehicle propelled by steam, electricity or any mechanical power; person
employed otherwise than in a clerical capacity in premises where a manufacturing process is
carried on; seamen in ships of a certain tonnage; persons employed in constructing or repairing
building or electric fittings; persons employed in a circus or as a diver; etc.
Subject to the exceptions noted below, the term workman means:
(a) a railway servant as defined in Section 3 of the Indian Rail ways Act of 1890 who is not
permanently employed in any administrative, district or sub-divisional office of a railway
and not employed in any capacity as is specified in schedule II or

™ z A master seaman or other member of the crew of a ship.
™ z A captain or other member of the crew of an aircraft.
™ z A person recruited as driver, helper, mechanic, cleaner, or in any other capacity in
connection with a motor vehicle.

™ z A person recruited for work abroad by a company and 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 case may be is registered in India or;
(b) employed on monthly wages not exceeding ` 1000 in any such capacity as is mentioned in
Schedule II.
Whether the contract of employment was made before or after the passing of this Act and whether
the contract is expressed or implied oral or in writing; but does not include any person working
in the capacity of a member of the Armed Forces of the Union; and any reference to a workman
who has been injured shall where the workman is dead includes a reference to his dependants
or any of them.

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