Author: K.Sasirekha, pursuing B.A.,LL.B. from Saveetha School of Law
ABSTRACT
This research deals with The “Employees Compensation Act, 1923” is an Act to provide payment in the form of compensation by the employers to the employees for any injuries they have suffered during an accident. Earlier this Act was known as the Workmen Compensation Act, 1923. When the employer is not liable to pay compensation-If the injury does not end in the entire or partial disablement of the employee for a period exceeding three days.If the injury, not leading in death or permanent total disablement, is caused by an accident which is directly attributable to: The employee having at the time of the accident is under the influence of drink or drugs; The willful disobedience of the employee to an order if the rule is expressly given or expressly framed, for the purpose of securing the safety of employees; orThe willful removal or disregard by the employee of any safety guard or other device which has been provided for the purpose of securing the safety of employees.The overall view of my topic involves the major ways in order to analyse the power of commissioner under employees compensation act.. Survey results, suggestions, discussions were taken in my research in order to make a theme over the power of the commissioner under employees compensation act, 1923.
INTRODUCTION
This research paper deals with the power of commissioner under employees compensation act. The power of commissioner under employees compensation act is dealt in Section 22-A :The power of commissioner is required to further deposit in the cases which talks about fatal accidents-When any amount is deposited by an employer as compensation payable in respect of an employee whose injuries resulted in his death, and the commissioner thinks that amount or sum was not sufficient, he may state a notice in writing giving reasons, he may call upon the employer to show why he could not make a further deposit within such time as stated in the notice.If the employer fails to satisfy the Commissioner, the Commissioner may make an award determining the total amount to be paid, and requires the employer to deposit the deficient amount.Section 23: Powers and Procedure of Commissioners. He has the power to award compensation more than what is claimed by the employee if the facts warrant the award. A case dealing with the commissioner was Karnataka State Road Transport Corporation v. B.T. Somashekaraiah, 1994.
KEYWORDS
Commissioner, employer, compensation, power, employee
OBJECTIVE
1. To know the power of commissioner under employees compensation act
2. To obtain knowledge about the employer compensation
3. To ensure people about employer compensation
4. To get knowledge about injury of employer
GOVERNMENT INITIATIONS
Employees compensation Act, 1923
Factories Act, 1948
Trade union Act , 1926
REVIEW OF LITERATURE
The State Government may appoint any person to be a Commissioner for Workmen’s Compensation for the specified areas.(“Write an Short Note on Commissioners under Workmens Compensation Act” 2017a, “Write an Short Note on Commissioners under Workmens Compensation Act” [b] 2017))
Doctrine of added peril,When an employee performs something which is not required in his duty, and which involves extra danger, the employer cannot be held liable to pay compensation for the injuries caused. (Rai 2019)
The Commissioner shall have all the powers of a Civil Court under the Code of Civil Procedure 1908 (5 of 1908) for the purpose of taking evidence on oath (which such Commissioner is hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the production of documents and material objects and the Commissioner shall be deemed to be a Civil Court for all the purposes of section 195 and of Chapter XXVI of the Code of Criminal Procedure 1973 (2 of 1974).(“Powers and Procedure of Commissioners” n.d.)
Commissioner under the Act can appoint a Local Commissioner for recording of evidence.Chandrasenan v. Regional Director ESI, 1996 LLR 390 (Born He),
Every Commissioner shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).(“[No Title]” n.d.)
An Act to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident.(ResponsiveWebInc n.d.)
The compensation must be paid only through the Commissioner of Employee’s Compensation in case of death or total disablement. (“Employees Compensation Act 1923” 2019)
Where more than one Commissioner has been appointed for any area, the State Government may, by general or special order, regulate the distribution of business between them.(“The Workmen’ S Compensation Act, 1923” n.d.)
Under Section 23 of the Workmen's Compensation Act , the Commissioner exercises power of a court only under certain provisions of the Code of Civil Procedure.(“Basu Deo Rai vs Jagannath Singh on 14 May, 1986” n.d.)
The Commissioner is appointed by the State Government, to inquire and decide into matters relating to injuries or accidents, caused to an employee of a registered organisation coming under Schedule II of the Act, during the course of his employment.(“Website” n.d.)
There may be some reasonable extension in both time and place and a workman may be regarded as in the course of his employment even though he had not reached or had left his employer's premises. This is also called as the Doctrine of Notional Extension.(“[No Title]” n.d.)
The Workmen’s Compensation Bill having been passed by the Legislature received its assent on the 5th March, 1923. It came into force on 1st day of July, 1924 as THE WORKMEN’S COMPENSATION ACT, 1923 (“[No Title]” n.d.)
Compensation claims fall broadly into three groups, namely (i) uncontested cases of disablement; (ii) disputed cases of disablement, and (iii) fatal cases.(Portal n.d.)
The Workmen Compensation Act,1923 gives compensation to the employees or their dependents in case there is disability or death due to the nature of work done by them during employment. (“Amount of Compensation Workers Are Entitled Under Workmen Compensation” 2017)
The Wages Act regulates the payment of wages to persons employed in factories, railways, industrial and other establishments specified under the Wages Act. (Samvad Partners n.d.)
Workman means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business) (Helplinelaw n.d.)
In case of an unfortunate event like accidents or death of any employee during the course of employment, the company is liable to pay the compensation. Workmen’s compensation insurance safeguards the organisation against this liability.(“Website” n.d.)
Maximum Monthly Wage Allowed for the calculation of compensation under the Act is Rs. 8000(“How to Calculate a Settlement in a Workman’s Compensation Injury? - SecureNow” 2017)
Workers' compensation is to encourage firms to reduce job-related accidents and to develop effective safety programs.(Objectives of Workers' Compensation )The Wages Act regulates the payment of wages to persons employed in factories, railways, industrial and other establishments specified under the Wages Act. (Samvad Partners n.d.)
METHODOLOGY
The Research is based on Descriptive and Empirical form in which it consists of Survey,content, analysis, qualitative and the results were analysed in the way of coding. And The current research has undertaken random sampling with the total sample count of 200. The Survey can be taken in all over India but this research made a sample survey in the Chennai area only. Because the ratio of men is higher than women compared to other states There are many researches were done regarding this topic but the major result will be stating that there is no significant impact on the status of men in the society , but this paper tries to view in a different perspective compared with the other researches to reveal the hidden truths regarding this issue and for better result analysis, the researcher had used SPSS Tool for meaningful results.
RESULT: most of the responses in the survey were given by the PG degree holders and high school students. Some were given by higher secondary students and least were given by UG degree holders.
LEGEND
For the question to be asked who appoints the commissioner under the employees compensation act , most of the responses were given by females as central government with the educational qualification of UG degree. Most of the male who have completed their PG degree answered state government and least of the high school students and higher secondary students answered employee and employer.
RESULT
The exact answer of the question is the state government. But the maximum of the answers were given as the central government. This shows that the PG holders were well aware about the power of commissioners.
RESULT
Most of the female responses were between the age group of 20 to 35 , and most of the male responses were between the age group of 20 to 35. some of the responses were given by the high school and higher secondary students below the age group of 20 do not prefer to say their gender.
LEGEND
For the ques to be asked, who appoints the commissioner under employees compensation act, most of the answers were given as the state government. Somewhere over the employer , employee, and very least people answered the central government.
RESULT
The exact answer is the state government , the responses given by the people were correct. This shows that the people were well aware of the power of commissioner and appointment of commissioner.
LEGEND
For the question, which section deals with the appointment of commissioner, most of the responses were given as section 23, some over none of the above, and some over section 21, and very least responses were given over section 20.
RESULT
The exact answer of the question is that section 23 deals with the appointment of commissioner. Most of the responses were given correctly. This shows that the people were well aware about the provisions of appointment of commissioner under employees compensation act.
LEGEND
For the question, which section deals with the appointment of commissioner, most of the responses were given as section 23, some over none of the above, and some over section 21, and very least responses were given over section 20.
RESULT
The exact answer of the question is that section 23 deals with the appointment of commissioner. Most of the responses were given correctly. This shows that the people were well aware about the provisions of appointment of commissioner under employees compensation act.
LEGEND
For the question to be asked do you think compensation comes under labour law? All the responses were neutral and collapsed over all the options of yes, no, maybe.
RESULT
The neutral answers were due to the word compensation coming under all laws as such in contract law. People were literally confused over the question. But the correct answer over the question is yes, as compensation comes under labour law.
FINDING AND SUGGESTIONS
From the above tables and discussion, most of the responses in the survey were given by the PG degree holders and high school students. Some were given by higher secondary students and least were given by UG degree holders. For the question to be asked who appoints the commissioner under the employees compensation act , most of the responses were given by females as central government with the educational qualification of UG degree. Most of the male who have completed their PG degree answered state government and least of the high school students and higher secondary students answered employee and employer.For the ques to be asked, who appoints the commissioner under employees compensation act, most of the answers were given as the state government. Somewhere over the employer , employee, and very least people answered the central government.For the question, which section deals with the appointment of commissioner, most of the responses were given as section 23, some over none of the above, and some over section 21, and very least responses were given over section 20.These shows that the people were well aware about the provisions and power of commissioner under employees compensation act.
LIMITATION OF RESEARCH
The major limitation of my study is this sample frame and the places where restricted.The sample frame of my research is 200 samples and the places that are restricted to my research is the online survey method.
CONCLUSION
This research concludes the power of commissioners as that 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 (including 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 has jurisdiction to deal with matters which are required to be dealt with by a Commissioner. Certain powers have been given to the Commission e.g., the power to call for further deposits. The Commissioner has the powers of a Civil Court.