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UJAS DHARAMSHI (Corporate Lawyer)     23 July 2008

Can Compensation be claimed in a small firm?

If a there is a small firm/service industry in which 4-5 people are working, and if an employee is working in that firm/service industry for 7-8 years in service and suddenly he is terminated, so is he liable to claim compensation?


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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 July 2008

Section 3 of Workmen's compensation Act,1923 saying that If personal injury is caused to a workman by accident arising out of and in he course of his employement, his emloyer shall be liable to pay compensation  in accordance with the provisions of the act.


Provided that the employer shall not be so liable:-


(a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days.


(b) in respect of any injury, not resulting in dealth, caused by an accident which is directly attributable to:-


(i) the workman having been at the time thereof under the influence of drink or drugs, or


(ii) the wilful disobedience of the workman to an order expressly given, or to a rule expressly framed for the purpose of securing the safety of workman, or


(iii) the wilful removal or disregard by the workman of any safety guard or other device which he know to have been provided for the purpose of securing the safety of workmen.

UJAS DHARAMSHI (Corporate Lawyer)     23 July 2008

Thank You sir for your reply,  hence what you said that means a workman is not eligilbe for compensation whenever his services are terminated irrespective of their service duration in small firm of 4-5 person or service industry of 4-5 person.


The compensation claimed according to workman;s compensation act  is applicable to a very small firm of 4-5 person or service industry of 4-5 people.


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