Workmans safety,

compensation and other

rights
Arpeeta S. Mizan
Lecturer on Law
NSU

Why compensation?

The first law in the Indo-Pak-Begal Subcontinent was the

Workmens Compensatiion Act 1923. This is now Chapter
XII of Labor Code 2006.
Notion od Strict Liability
Notion of Social Welfare
Humanitarian Measure

Primary defenses

Volunti non fit injuria

Contributory negligence
The doctrine of Common Employment
End of Personal Action with Death

Remedies for workers

1. suit for damages under the CPC 1908

2. Claim for compensation under Chapter XII
He cannot have double benefit: if once instituted suit for
damages, he cannot nake a compensation claim and vice
versa

When such claims to be made

Personal injury
Caused by accident
- Accident must have a proximate connection with
employment (Weaver v. Tredegar Iron and Co. 1940)
In due course of employment
Resulted in death/total or partial disablement exceeding
four days

 McKinnon Mackenzie & Co. v. Ibrahim Mohd Isaac

(1970):
The words arising out of employment mean the injury
resulted from a risk incidental to work which the workman
would not have suffered otherwise.
RM Pandey v. API Ltd. 1956:
If a watchman lifts a GI Pipe during his duty to kee it at a
safe place, the injuries must taken to have been received in
the course of employment.
National Iron & Steel Co. v. Manorama 1953:
A boy returning to canteen after serving tea was shot ny
bullet and died. The death was in course of employment.

Mrs. Staton v. National Coal

Board 1957
S, the deceased, died in a collission with T, his fellow
employee.
T was cycling his way to receive his daily wage. While
riding he took a detour through a bus park within his
office premises and knocked down S. S died feom
injuries he received due to the fall.
Held: the Enployers, and not T, were liable. S was going
to his destination because he was required to go by
EMPLOYERS to collect wages. Thus he was in course of
his employment.

Occupational disease

When a worker while employed contracts a disease

mentioned in the Schedule of Labor Code 2006 as
occupational disease.

Disablement and Death

For death, the compensation is 1 Lac BDT, irrespective

of the monthly wage rate.
Permanent Total Disablement:
100% loss of earning capacity
Incapacited for all work
1 lac 25000 BDT
If minor then 10,000 BDT ( S.151)

 Permanent Partial Disablemebt

To be calculated accordint to the rate of loss of earning
capacity
Guided by the Schedule to Labor Code
o Temporary Disablement:
Monthly payment according to Schedule V

Partial Disablement

Partial Temporary Disablement

The workers earning capacity is diminished in case of his
type of employment .
Partial Permanent Disablement:
The workers earning capacity is diminished in every type of
employment

Negligence defence

GIP Railway v. Kashinath

The deceased workman was on an officie tour. While his
way back home, he was riding the companys train. He
stood near the door and due to a jerk fell and died. The
employers pleaded negligence because the deceased
ignored the notice DO NOT STAND NEAR DOOR. the Court
held: the employee took no greater risk than any ordinary
passenger, because that notice was NOT FOR THE
EMPLOYEE. Also, the employee was on his office tour. So
the Copany had to pay compensation.

Gouri Kinkar v. Radha Kishan

Cotton Mills
The employee interfered with some machines which
were not his job to deal with. His dhoti caught in rollers
in motion, and while disentangling his hand got crushed.
Held: he was negligent and not eligible for
compensation.
Borley v. Ockenden:
A boy employed in boot making business took some boots
to his home to practice. This was contrary to emloyment
contrcat. At home while working he injured his eye. He was
not ellligible for compensation.

Grievance Procedure
Grievance procedure

Departmental action
Quasi judicial action
Quasi judicial action

Submitting grievance notice is a prerequisit for filing a

case before the Labor Court.
For retrenchment/lay off/dismissal/discharge/otherwise
terminated

 Departmental Notice:
Within 30 days of incident in writing by hand/registered
post to Employer
Employer to inquire within 15 days of receipt
If employee dissatisfied with result, then judicial
procedure
Quasi judicial

 Government shall appoint the Director of Labour and such

number of Additional Director of Labour, Joint Directors of
Labour, Deputy Directors of Labour and Assistant Directors
of Labour as necessary for monitoring workplace activities.
The Government shall appoint a Chief Inspectors and
requisite number of Deputy Chief Inspectors, Assistant
Chief Inspectors or Inspectors. These officers have the
power to enter, inspect and examine any workplace
premises and ascertain the observance of labour laws.
The Government has the power to establish as many
Labour Courts as it considers necessary. A Labour Court
shall consist of a chairman and two members (one
representing employers and the other, the workers).