Page 133 - DCOM207_LABOUR_LAWS

Labour Laws

Notes (ii) If the employer or any of the several employers or his manager has knowledge of the
accident from any other source at or about the time when it occurred.
!

Caution Every notice shall be served upon the employer. It may be served by delivering it
at or sending it by registered post and addressed to the residence or any of office or place
of business of the person on whom it is to be served. Where a workman has given a notice
of accident he should submit himself for medical examination if required by the employer.
And such medical examination shall take place within 3 days from the date of service of the
notice of accident to the employer refusal to submit himself for medical examination will
result in the suspension of the right of the workman for compensation during the period
of refusal During the period of suspension of the right no compensation shall be paid to
the workman.

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Caselet Sarda Gum & Chemicals vs. Union of India & Ors. (2012)
LLR 416
he petitioner industrial unit was aggrieved by the order passed by the regional
Provident Fund Commissioner-II, Jodhpur and Appellate order passed by Employees
TProvident Fund Appellate Tribunal New Delhi, holding that the petitioner Unit is
covered by the EPF Act, 1952 since number of employees found at the time in the industrial
unit were more than 20. The Commissioner and the Tribunal had held that the petitioner was
covered by the provisions of the said Act and was liable to pay provident fund contribution
in respect of such 20 workmen. It was found that out of 21 who were said to be employed
in the factory of the petitioner, 8 persons were temporarily labourers employed for the
purpose of carrying on the repairs of the factory building and the Court observed that it
cannot be held that they were employed for the normal business of the establishment. The
Court further observed that it naturally depends upon the facts of each case as to whether
the so called temporary workmen are regularly employed in connection with the normal
and usual course of the business or they are engaged in the performance of some work
which had no relation with the normal and regular course of business of the establishment.
Even if casual or temporary workers are engaged occasionally or intermittently to meet
some temporary or casual work, such workmen cannot be considered to be employees for
the purpose of section 1 (3)(a) of the Act. The high Court held that unless temporary or
casual workers are found to be regular employees of an industrial unit, the same cannot
be included to make 20 workmen of an industrial unit for the purpose of determining
whether the establishment is covered under the definition in section 1 (3)(a) of the Act. The
full bench decision of the court found the impugned order of the Appellate Tribunal and
the Regional Provident Fund Commissioner were found to be non speaking orders and
deserve to be quashed. The court set aside the orders.

Source: http://www.chadha-co.com/pdfs/C&Co-Labour-Law-Update-April-May-2012.pdf

Self Assessment

State whether the following statements are true or false:
1. An accident alone give a workman a right to compensation.
2. Section 3(2) of the Act also recognizes that the workman employed in certain types of
industries of occupation risk exposure to certain occupational disease peculiar to that
employment.

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