The Workmen’s Compensation Act, 1923: (iv) POWERS OF COMPENSATION COMMISSIONER

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(iv) POWERS OF COMPENSATION COMMISSIONER

• The Commissioner under Workmen's Compensation Act cannot review his order.
Rajbir Singh v. S.K.S. Yadav, Commissioner Workmen's Compensation, (1996) 1 LLj 91: 1995 LLR 467: 1995 (71) FLR 358 (Del HC).

• Commissioner under the Act can appoint a Local Commissioner for recording of evidence.
Chandrasenan v. Regional Director ESI, 1996 LLR 390 (Born He),

• Workmen's Compensation Commissioner can review his order and provisions of Motor Vehicles Act can also be invoked for deciding the claim for compensation.
United India Insurance Company Ltd. v. Workmen's Compensation Commissioner Bareilly, (1996) II LLj 448: 1996 LLR 451 (All He).

• A Conunissioner under Workmen's Compensation Act is not a Civil Court.
S, Girija v. Kanara Transport Company, Milngalore, (1999) 2 LLN 859: 1999 LLR 812 (Kam He): 1998 (82) FLR 756.

• Compensation Commissioner is empowered to assess the percentage of disablement of an employee.
Uniled India Insurance Company Ltd" Hyderabad v. Ramulu, 2000 LLR 344 (AP He).

• Section 5 of the Limitation Act is applicable to the proceedings under the Workmen's Compensation Act, 1923.
Prem Chand v. Workmen's Compensation Commissioner, Agra, (2002) 3 LLN 886: (2001) 89 FLR 679: (2001) 2 CLR 676: 2001 LLR (Sum) 955 (All HC).

• Delay in claiming compensation for accident can be condoned by the Commissioner under the Act.
Kamataka Soaps and Detergents Ltd. v. Hanumanthamma @ Hanumakka, (2002) 2 Kant Lj 215: (2001) 91 FLR 754: (2002) 3 LLN 463: 2001 LLR 1240 (Kam HC).

• The Workmen's Compensation Commissioner committed serious error in entertaining a claim awarding compensation despite that it was brought to his notice that the workman has already filed his claim under Motor Vehicles Act.
Pattam Abdullah Khan v. T. Venkatarami Reddy, 2003 LLR 589 (AP HC).

• Rejection of a petition by Compensation Commissioner as filed by the wife of a deceased driver not being filed within the prescribed time, will be set aside because disablement certificate was not given in time due to trauma caused by successive death of two of his sons.
Anu Mary Tayade v. Commissioner of Workmen's Compensation, Thane, (2003) IV LLJ (Supp) 873, 2003 LLR 613 (Born HC).

• A Commissioner under the Workmen's Compensation Act is empowered to make his own assessment about the nature of injuries and the extent of disability and in this context he is not bound to accept the report of the medical practitioner.
New India Assurance Company Ltd. v. Mohd. Aslam, (2003) IV LLj Supp 5n 2003 LLR 667, 2003 (97) FLR 683 (All HC).

• There is no irregularity when the Compensation Commissioner allows a petition for compensation even after the prescribed period of two years.
Oriental Insurance Company Ltd. v. 8imla Dem, (2003) IV LLj Supp 1062, 2004 LLR 12: 2003 (99) FLR 550 (Del HC).

• Refusal of the Compensation Commissioner to set aside an ex parte award on the ground that on an earlier occasion also the petition to set aside the ex parte order was allowed and again it could not be allowed will not be tenabie.
Thangavel v. Saminathan, (2003) 103 FjR 1076, (2004) 1 LLN 809, (2004) IV LLj (Supp) 69, 2004 LLR 126 (Mad HC).

• The Commissioner under Workmen's Compensation Act is empowered to award more compensation than that as claimed by the claimant.
B. Srikanth Reddy v. K. Mahesh, 2005 LLR 30 (AP HC).

• While fixing the percentage of loss of earning capacity from employment injury to an employee, the Commissioner under the Act will not be barred by the decision of the Medical Board, hence the appeal as filed will not be tenable.
Employees' State Insurance Corporation, Knnpur v. Satya Narain Singh, 2005-1 LLj 928 (All HC).

• The Commissioner under the Workmen's Compensation Act is not empowered to set aside an ex-parte award.
Sri Krishna Hotel v. Devale Nayak, 2005 LLR 661, ILR 2005 KAR 2026 (Kam HC).

• The Compensation Commissioner has rightly accepted that the deceased workman was getting a salary of Rs. 4,000 per month when the employer has denied it by a bland statement "not admitted".
United India Insurance Company Ltd. v. Rukmani Dhami, 2005 LLR 886 (Uttr HC).

• The Compensation Commissioner is bound to decide the factum of accident on the material available.
National Insurance Company Ltd. v. Govindamma, 2005 LLR 896 (Kam He).

• For registration of a settlement, the Compensation Commissioner has to verify about due compensation as prescribed in the Act and the Schedule thereto.
United India Insurance Company Ltd. v. Sachidananda Prabhu, 2006 LLR 132 (Ker HC).

• A Commissioner under Workmen's Compensation Act is cannot review its Award.
Harinarayan v. Prem Narayan, 2006 LLR 1006 (SN) (MP HC).

• A Commissioner under Workmen's Compensa tion Act can refuse to register a settlement except only after recording reasons.
United India Insurance Co. Ltd. v. Commissioner for Workmen's Compensation, Tezpur, 2007 LLR 1230 (SN) (Gau HC).

• Compensation Commissioner can enhance the compensation than claimed ..
New Indin Assurance Co. Ltd. v. Daya Ram, 2007 LLR 1152 (All He).

• High Court will not interfere when the Compensation Commissioner declines to sununon a particular witness.
Mis Vaibhav Castings (P) Ltd. v. Workmen's Compensation Commissioner, Kanpur, 2008 LLR 1007 (SN) (All HC).

• Compensation Conunissioner has the powers of civil court for enforcing attendance.
MIs. Ruby International Annapurna MetaL, Peeta! Bash, Mnradabad v. Devendra Singh, 2009 LLR 107 (SN) (All HC).

• The powers of the Commissioner under section 19 of the Workmen's Compensation Act is not confined only against the employer and it extends to the liability on any person to pay compensation.
Oriental Insurance CD. Ltd. by its Divisional Manager, Madurai v. G. Elango @ Sundararajan, 2009 LLj 181 (Mad He).

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P F Act

EPFO Launched new Grievance Management Portal

Enhancement of the cash benefit on Pension:

Enhanced the cash benefit payable to the family of EPF subscribers on their death in service from present maximum of rs.60,000 to rs.1.00 lakh. Published in the gazette of india, part ii, section 3, subsection (i), vide number g.s.r. 523(e), dated the 18th june, 2010

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EPF(Amendment) Scheme, 2011

MINISTRY’ OF LABOUR AND EMPLOYMENT

NOTIFICATION

New Delhi, the 15th January, 2011

G.S.R. 25(E).—In exercise of the powers conferred by Section 5, read with sub-section (1) of Section 7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme, further to amend the Employees’ Provident Funds Scheme, 1952. namely

1. (1) This Scheme may be called the Employees’ Provident Funds (Amendment) Scheme, 2011.

   (2) It shall come into force from the 1st day of April, 2011

2. In the Employees’ Provident Funds Scheme, 1952, (hereinafter referred to as the said Scheme), in paragraph 60, after sub-paragraph (5), the following sub-paragraph shall be substituted, namely:—

“(6) Interest shall not be credited to the account of a member from the date on which it has become Inoperative Account, under the provisions of sub-paragraph (6) of paragraph 72”

3. In the said Scheme, in paragraph 72, in sub-paragraph (6):—

   (a) for the words “but no claim has been preferred” the words “but no application for withdrawal under paragraphs 69 or 70 or transfer, as the case may be has been preferred ” shall he substituted:

   (b) for the words “three years”, at both the places where they occur, the words “thirty six months” shall be substituted.

    [F. No. S-35012/01/2010-SS-1I]
S. K.. DEV VERMAN, Jt. Secy.

For more details :
The PF old balance will stop earning interest. After three years of inactivity.
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ESIC

Employees’ State Insurance (Amendment) Act, 2010.

Following are the some salient feature of the ESI (Amendment) Act, 2010.

Extension Of The ESI Scheme To The Construction Site WorkerS :

The Construction site workers who were kept out of coverage of ESI act till date, Now covered with the implementation of it roll out "any time, anywhere". esic services will be available to these mobile and migratory workers with no geographical barrier.

APPRENTICES COVERED:

Benefits under the scheme have also been extended to apprentices and trainees employed under Apprentice Act and Standing Order Act.

POWER TO APPROPRIATE GOVERNMENT;

The appropriate Government is empowered to extend the provisions of ESIC Act 1948 to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise after giving one month’s notice of its intention of doing so by notification in Official Gazette instead of notice period of six months.

DEFINITION OF DEPENDENT EXPANDED:

Definition of “dependents” as contained in clause 6A of section 2 of the Act has been extended to enlarge the number of beneficiaries under the act such as:
A widow, a legitimate or adopted son below the age of 25 years and an unmarried legitimate or adopted daughter. The age limit of the dependants has been enhanced from 18 to 25.

Dependent parents as per definition of “family” has been substituted so as to include;

“A minor brother or sister wholly dependent upon the earnings of the insured person in case the insured person is unmarried and his or her parents are not alive”. It has been also clarified that dependent parents to include “Dependent parents, whose income from all sources does not exceed such income as prescribed by the Central Government”.

SMALL FACTORIES ALSO ARE COVERED:

The definition of Factory under Section 2(12) has been amended to expand coverage of smaller factories. The amended Act covers all factories, which employ 10 or more persons irrespective of the fact whether the manufacturing process is being carried out with the aid of the power or without the aid of the power.

INSPECTORS RE-DESIGNATED AS SOCIAL SECURITY OFFICERS:

The designation of Inspector has been re-designated as “Social Security Officer” to enroll them as facilitator of the Scheme rather than to act as mere inspectors.

VRS EMPLOYEES ALSO COVERED:

Medical benefits to the insured person and his spouse have been extended under circumstances where insured person retires under Voluntary Retirement Scheme or takes premature retirement. In the earlier Act the benefit was applicable only on attaining the age of superannuation. Proviso to sub section 3 of section 56 has been substituted to provide the same.

NOTIONAL EXTENSION OF PREMISES:

Accident occurring to an insured person while commuting from his residence to the place of employment and vice-a-versa shall be deemed to have arisen out of and in the course of employment for the purpose of benefit under the Act. A new section 51-E has been added for this purpose.

UNORGANIZED SECTOR EMPLOYEES COVERED:

A new Chapter V-A has been added to enable provision for extending medical care to non insured persons against payment of user-charges to facilitate providing medical care to the below poverty line (BPL) families and other un-organized sector workers covered under the Rashtriya Swasthya Bima Yojana (RSBY).

Exemption of a factory or establishment or class of factories or establishments from the operation of this Act will be granted only if the employees in such factories or establishments are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act.

Section 91 A of the Act is amended to removing. retrospective grant of exemption from the provision of the Act

Download ESI (Amendment) Act 2010

ESIC ONLINE PORTAL:

ESIC Launched New Online Portal for Submitting Application and Returns

ESI WAGE CEILING:

ESI WAGE CEILING ENHANCED FROM Rs. 10000 TO Rs. 15000 w.e.f 01-05-2010

Download ESI Wage Ceiling Notification

AP MINIMUM WAGE

SECURITY SERVICES :

Zone I:All Municipal Corporations

Zone II : All Municipalities

Zone III : Rest of the area

Highly Skilled :
(Security Supervisor/ Officer/ Field Officer)

Z-I: 7500, Z-II: 6500,Z-III: 5000

Skilled :
(Security Inspector/ ASO/ Intelligance and Fire Fighting Personal, Head Gaurd)

Z-I: 7000, Z-II: 6000, Z-III: 4500

Semi-Skilled :
(Asst. Security Inspector /Security Gaurds with Arms)

Z-I: 6500, Z-II: 5500, Z-III: 4250

Un-Skilled :
(Security Gaurds without Arms)

Z-I: 5000, Z-II: 4250, Z-III: 4000

CONTRACT LABOUR :

Andhra Pradesh contract labour minimum wages are revised w.e.f 18 aug'09 as:
Un-Skilled: Rs. 155 per day, Rs. 4030 per month

Semi-Skilled: Rs. 195 per day, Rs. 5070 per month

Skilled: Rs. 235 per day, Rs. 6110 per month

I D Act 2010

Enhancement of wage ceiling of a workman from Rs. 1600/- pm to Rs. 10000/- pm under section 2(s) of the Act

Direct access for the workman to the Labour Court or Tribunal in case of disputes arising out of section 2A of the Act

Expanding the scope of qualifications of Presiding Officers of Labour Courts or Tribunals under sections 7 and 7A of the Act
Establishment of Grievance Redressal Machinery in every Industrial establishment employing twenty or more workmen for the resolution of disputes arising out of individual grievances

Empowering the Labour Court or Tribunal to execute the awards, orders or settlements arrived at by Labour Court or Tribunal

Link to ID Act (Amnd) Act, 2010

HR Info.in

Hr Info.in

Workmen's compensation Act, 2010

Given below are the synopsis of the changes.

THE WORKMEN'S COMPENSATION (AMENDMENT) ACT, 2009 is now renamed as THE EMPLOYEE'S COMPENSATION (AMENDMENT) ACT, 2009 and wherever "workman" or "workmen" is mentioned in the entire Act the same needs to be read as "Employee" to make it gender sensitive.

The compensation payable on death from the injury, is (i) minimum of Rs.80000 is increased to Rs.120000 or (ii) 50% of the monthly wages of deceased multiplied by the relevant factor.

The compensation payable on Permanent Total Disablement from the injury, is (i) minimum of Rs.90000 is increased to Rs.140000 or (ii) 60% of the monthly wages of deceased multiplied by the relevant factor.

actual reimbursement of medical expenses incurred on account of injury caused during course of employment.

Empower the Central Government to specify monthly wages for the purpose of compensation. It is 50% of Rs.8000/-. This amendment is notified vide Central Government Notification No. S.O. 1258(E) vide Ministry of Labour & Employment dated 31st May 2010.

Definition of workmen replaced by "Definition of Employee"- also now includes CLERICAL employees.

The Commissioner shall dispose compensation cases within a time period of 3 months.

Download Emploee's Compensation (Amnd) Act, 2010

Download Emploee's Compensation Wage Limit Notification

(iv) POWERS OF COMPENSATION COMMISSIONER

NOTIONAL EXTENSION OF PREMISES:

Un-Skilled :

ACT AT GLANCE