LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

vaibhav jain (none)     26 March 2022

Workman compensation act

Is Personal Driver a workman under Employees Compensation Act? Please Cite relevant Court decisions? 



Learning

 4 Replies

Palak batra   26 March 2022

Dear Querist,

 

it is applicable under workmen\'s compensation act which includes individual unprotected workers like maid, cleaner driver etc.

 

The scheme of the Workmen's Compensation Act is not to compensate the worker in lieu of wages.

The general principle is that a worker who suffers an injury in the course of his employment, which results in a disablement, should be entitled to compensation and in the case of a fatal injury his

dependents should be compensated. Under the Workmen's Compensation Act it is the employer who is responsible to pay

 

Amendment of 2000 now even casual workers are covered by this law. The only requirement is:

The worker should be employed in an activity, which has to be either listed in schedule II  of the Act OR any duty having connection with the specified activity mentioned in the schedule.

 

When a decree is transferred by the Court which passed it to another Court for execution, the documents mentioned in Order XXI, Rule 6, must be sent to the latter Court. A decree-holder, however, may at his option file with application a copy of his decree duly stamped in accordance with Article 7 of Schedule I, to the Court-fees Act, VII of 1870, and when he does so, he shall be exempted from the fee of Re. 1, prescribed in this paragraph, the remaining documents being prepared by the officials of the Court without further payment by the decree-holder.

 

A provision has been made in Order XXI, Rule 10, Civil Procedure Code as amended by the Punjab High Court, to enable the decree-holder to apply for immediate execution through the Court within whose jurisdiction the judgment-debtor is, by producing merely the decree and an affidavit of non-satisfaction pending the receipt of a formal order of transfer under Section 39, Civil Procedure Code.

 

Regards,

Palak

vaibhav jain (none)     27 March 2022

Thank You palak

Palak batra   29 March 2022

Dear querist,

Yes, personal drivers are covered under employees compensation act. 

it is applicable under workmen\'s compensation act which includes individual unprotected workers like maid, cleaner driver etc.
 

regards,

palak

P. Venu (Advocate)     14 April 2022

The facts posted are incomplete.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query