Page 119 - DCOM207_LABOUR_LAWS

Labour Laws

Notes From 1st April 1976, the limit of monthly wages for purposes of this Act was raised from ` 500
to ` 1000. The words used in clause (b) mean that the wages must not exceed on average (now
` 1000) a month. The contract of employment may be expressed or implied, oral or in writing.
The exercise and performance of the powers and duties of a local authority or of any department
acting on behalf of the Government shalt, for the purposes of the Act, unless a contrary intention
appears be deemed to be the trade or business of such authority or department. The State
Government has been given power to add to the list in Schedule II any hazardous occupation or
specified injuries in such an occupation. The addition may be made by notification in the official
Gazette, with not less than 3 months’ notice.
There is legal decision regarding the question who is a work man. The general rule is that there
must be the relationship of master and servant between the employer and the workman. Workman
is a person whom the employer can command and control in the manner of performing the work
Yewen v. Noakes. According to Wills, the following points are to be taken into consideration in
determining the question whether a person is a workman:
(a) the term of engagement
(b) the payment of wages
(c) the power of control over the work the power of dismiss

7.2.3 Disablement

Disablement means loss of capacity to work or to move. Disablement of a workman may result in
loss or reduction of his earning capacity. In the latter case, he is not able to earn as much as he used
to earn before his disablement. Disablement may be partial, or total. Further Partial disablement
may be permanent, or temporary. Disablement, in ordinary language, means loss of capacity to
work or move. Such incapacity may be partial or total and accordingly there are two types of
disablement, partial and total. In the Act both types .of disablement are further subdivided into
two classes, temporary and permanent. By Section 2 (g) Temporary Partial Disablement means
such disablement as reduces the earning capacity of a workman in any employment in which
he was engaged at the time of the accident, and Permanent Partial Disablement means such
disablement .as reduces his earning capacity in every employment he was capable of undertaking
at that time. The Act is not limited only to physical.
1. Partial Disablement [Section 2 (1) (g)]: This means any disablement as reduces the earning
capacity of a workman as a result of some accident. Partial disablement may be temporary
or permanent.

™ z Temporary partial disablement means any disablement as reduces the earning
capacity of a workman in any employment in which he was engaged at the time of
accident which resulted in such disablement.

™ z Permanent partial disablement is one which reduces the earning capacity of a
workman in every employment which he was capable of undertaking at the time of
injury.

!
Caution In a case of Partial Disablement it is necessary that (a) there should be an accident,
(b) as a result of the accident the workman should suffer injury, (c) which should result
in permanent disablement and (d) as a result whereof his earning capacity must have
decreased permanently.
In the proportion in which his earning capacity has been decreased permanently he is entitled to
compensation.

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