The Workmen’s Compensation Act, 1923: (ix) DEPENDENTS ENTITLED TO CLAIM COMPENSATION

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(ix) DEPENDENTS ENTITLED TO CLAIM COMPENSATION

• The parents of the deceased workmen dependent upon his earnings will be entitled to compensation.
lvfanager, Boys Society, Tirumangalim, (represented, by its Secretary, Boys Town, Tirumangalam) v. V. Pa/ani, 1997-II CLR 691 (Mad He).

• Laying onus on claimant by Compensation Commissioner to prove the employment of deceased will not be legal.
Mangala Ben v. Dalitp Motwani, 1998 LLR 656 (MP He).

• Section 4 of the Workmens' Compensation Act mandates an employer to pay compensation amount as soon as it falls due to the victim of his/her legal heirs.
Traffic Mmager, New Mnngalore Port Trust (Regd) Cargo Handling Workers Admn. Wing. v, Radha B., 1998 LiC 2316: (1998) 93 FjR 387: (1998) 3 LLN 269: 1998 II LL) 764 (Kam HC).

• While making a claim under Workmen's Compensation Act, the claimant has to prove not only the prescribed relationship but that wholly or partly, he was dependent on the earnings of the deceased workman.
Commissioner, KovilpaHi Municipal, Kovelpatti v. Tamilarasan, (1999) 83 FLR 810: (1998) 4 LLN 318: 1998 11 LL) 683 (Mad He).

• No compensation will be paid to dependants of the deceased of an employee if his death is caused by committing suicide.
Bharat Heavy Electricats Ltd. v. Godawan Devi, (1998) 80 FLR 270: (1998) 1 CLR 995: 1999 LLR 136 (All HC).

• Dependents of driver will be entitled to compensation when he was killed while parking the truck.
New India Assurance Company Ltd. v. Dalibai, (2001) 1 LL) 771: 2000 LLR 378 (MP HC).

• Even an adopted son or daughter of a deceased workman can claim compensation under W.e. Act.
National Insurance Company Ltd. v. Kumari Gayatri Nanda, 2000 LLR 324 (Ori He).

• Awarding of compensation to the dependants of the deceased dying after duty will not be interfered in appeal.
South Eastern Coal Fields v. Sukrita Bai, (2000) 86 FLR 377: (2000) 3 CLR 397: (2000) II LL' 1219: 2000 LLR 880 (MP He).

• Compensation will be payable to the dependants of a driver who was not having even valid driving licence when he died on his way.
Oriental Insurance Company Ltd. v. Veena Sethi, 2000 LLR 1298 (Ori He).

• Compensation Commissioner should not be pedantic to ascertain the dependence of claimants on the deceased.
Damu S/o. Rama Sonawane v. Sayyed Yousuf Sayyed Talaluddin, 2000 LiC 3738: (2000) 3 CLR 187: (2000) 87 FLR 305: 2000 LLR 1153 (Born He).

• Denial of compensation to the dependents of a driver. will not be justified on the plea that there was no evidence that •the driver was sent for the work of the
company at the time of accident. .
Bhagat Singh v. Sandhu Singh, 2001 LiC 597: (2001) 1 LLR 905: 2001 LLR (Sum.) 415 (P&H He).

• The parents of the deceased either wholly or in part depending upon the earnings of the deceased workman at the time of his death will be deemed as dependents even when there was no averment by them that they were dependents upon the deceased.
T.D.P. Associate, Chennai v. K. Malarkodi, (2001) II LL) 535: 2001 LLR (Sum) 1070 (Mad HC).

• Married sister of a deceased living with her husband will not be dependent to claim compensation under the Act.
United Indu. Insurance Company Ltd. v. Rudramma, 2001 Lie 1247: (2001) 89 FLR 64: 2001 LLR (Sum) 637 (Kam He).

• There are no 'dependents' of the deceased, the amount of compensation as deposited will be returned to the employer.
United India Insurance Company Ltd. v. Rudramma" 2001 LIC 1247, (2001) 89 FLR 64, 2001 LLR (Sum) 637 (Kam HC).

• Dependents of the deceased carpenter, even though a casual worker, will be entitled to compensa tion.
Punnous@Kurian Udyog Engineering Works v. K.O. Devassy, 2003 LLR 218, 2003 (96) FLR 97 (Ker HC).

• Wife of the deceased employee as rendered to be disabled, cannot be deprived of compensation since son of the injured person has been provided with the employment on compassionate grounds as contracting out is prohibited under the Workmen's Compensation Act.
Anu Mary Tayade v. Commissioner of Workmen's Compensation, Thane, (2003) IV LLj (Supp) 873: 2003 LLR 613 (Born He).

• The dependent of the deceased who fell into the well while drawing water during duty hours and in the premises of the employer will be entitled to compensation, since the accident has arisen during the course of his employment.
Arunkumar v. Omana Amma, (2003) IV LLj (Supp) 549: 2003 LLR 850: 2003 (98) FLR 817 (Ker He).

• An employer will not be liable to pay compensation to the dependents of the deceased employee who has died in a private quarrel with another employee of the same employer since such a death can not a come. within the purview of /larising out of employment",
United India Insurance Company Ltd. v. Sudini Indira, 2003 LLR 1119: 2003 (98) FLR 451 (AP He).

• The dependents of deceased bus driver dying of heart attack on completion of journey will be entitled to compensation under Workmen's Compensation Act since such a death will be deemed as an accident arising out of and in the course of employment.
N.E.K.R.T.c., Bellary v. Marembess, 2004 LLR 33 (Kam He)

• A bus driver engaged as a substitute even for one day will be a workman and his dependent will be entitled to compensation when the driver dies in an accident occurring in the course of his employment.
New India Assurance Company Ltd. v. Mohan Kumar, Sahoo, 2004 LLR 71: 2003 (99) FLR 796 (Oli HC).

• When the record, as produced, showed that the glass splinters went into the eyes of the employee during the course of his employment, his claim for compensation resulting into 60% disability will be justified and in an appeal, the High Court has upheld the award of the Compensation Commissioner in grating compensation as stipulated depending upon the age and the disability of the employee.
Andhra Pradesh State Raad Transport Corporation, Bus Depot, Mahaboobnagar Dist., 2004 LLR 103 (AP He).

• Death of a workman due to heart attack while on duty will be deemed as if it arose of an accident arising in the course of employment and the dependents of the widow will be entitled to compensation under the Workmen's Compensation Act.
Kalyani P. v. Divisional Manager, Southern Railway (Personal Branch), Divisional Office, Madras, 2004 LLR 207: 2004-1 LLj 49 (Mad He).

• The dependants of the deceased workman will be entitled to compensation when the concerned workman died by falling into a well situated in the factory.
Branch Manager, New India Assurance Company Ltd, v. Siddappa, Major, 2004 LLR 731 (Karn HC).

• When adoption was not proper, adopted son will not be eligible for claiming compensation.
National Insurance Co. Ltd. v. Mst. Param Pal Singh, through his father Sh. Santokh Singh, 2007 LLR 984 (Del HC).

• Real brother or the son of real brother will not be 'dependent' to claim accident compensation.
National Insurance Co. Ltd. v. Mst. Param Pal Singh, through his father Sh. Santokh Singh, 2007 LLR 984 (Del HC).

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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

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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

(ix) DEPENDENTS ENTITLED TO CLAIM COMPENSATION

NOTIONAL EXTENSION OF PREMISES:

Un-Skilled :

ACT AT GLANCE