Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Lifeisgreat (None)     19 May 2017

Blast in factory and applicable CrPc

Hello, there was a blast in pressure cylinder received for job work in factory of my friend and 1 person died. It was unorganized factory in terms of applicable labour acts. Which sections are applicable on factory owners? Guidance will be greatly appreciated.


 1 Replies

Raveena Kataria (Advocate )     28 June 2017

Section 3 of the Workmen’s compensation act 1923 lays down that if an employee/workman receives injury which results in his disablement/death in the course of his employment, the employer shall be liable to pay compensation to him.

Section 4 lays down that where death results, the amount of compensation payable is equal to 50% of the deceased’s worker’s monthly wages multiplied by the relevant factor (based on the age of the deceased worker,) or an amount of Rs 50,000, whichever is more. Here, to determine the ‘relevant factor’, please refer to schedule IV of the act.

(For instance, if the worker’s monthly wage is 1000, and the worker’s age is 29, as per schedule IV the factor relevant in case of such worker would be 207.98, thus, the total amount payable in case of such worker would be 500 multiplied by 207.98, i.e. approx 104000/-. Please note, the factor reduces as the age goes up.)    

Please refer to schedule II to verify whether the deceased person would be included in the definition of workmen. Also, please note, if one has already filed a separate civil/criminal suit for compensation under different legal provisions, the dependents of the deceased will not be entitled to compensation through this act. My advice would be to get in touch with a learned advocate so he/she can get you smoothly through the proceedings and nothing goes amiss!

The workmen's compensation act, 1923

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Recent Topics

View More

Related Threads