WCA

The Workmen Compensation Act, 1923

[1] Overview [2] Definition [3] List of injuries [4] List of occupational diseases [5] Medical Examination [6] Amount of Compensation [7] Employer’s liability of Compensation [8] Commissioner & it’s role [7] Review [9] Amendments [10] Miscellaneous
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[1] Overview

1.1    The workmen’s Compensation act, 1923 is one of the important social security legislations. It aims at providing financial protection to workmen and their dependents in case of accidental injury/occupational disease/accidental death by means of payment of compensation by the employer.

1.2    This Act was passed by the Indian legislation on 5^th March, 1923 and came into force from 1^st July 1924.

1.3    It extends to the whole part of India subject to conditions laid down in this Act.

1.4    This Act also puts in place the amount that is to be paid according to the intensity of the injury. This makes an employer aware of the amount of compensation he is liable to pay in case of an accident.

1.5    Coverage of this Act: This Act applies all over the country to all workmen in a (a) factory, (b) mines (c) plantations, (d) transport establishments, (e) railways, (f) ships, (g) circuses, (h) construction work and any other potentially dangerous occupations made as mentioned in Schedule-II of this Act. This Act is not applicable to people in Armed Forces. This Act does not apply to those areas which are covered by the Employees’ State Insurance Act, 1948, Casual workers and workers employed otherwise than for Employers’ trade or business.

1.6    This Act is applicable to those workmen working in industries as specified in this Act. This Act affords protection to a workman from losses or injury caused by accident arising out of and in the course of employment subject to certain exceptions as laid down in the Act.

1.7    In a significant amendment in 2009, the name of Workmen Compensation Act, 1923 is changed into ‘Employee Compensation Act 1923’ w.e.f. 18^th January, 2010. It was done due to ensure gender neutrality. Hence, this Act is known by both the names. This amendment was made on the recommendation of National Commission of Labour, 2002.

1.8    Under this Act, Workman means Employee and Workmen means Employees.  The Workman Compensation Act, 1923 is also known as the very first social security legislation in India.

1.9    This Act has 4 (Four) Schedules. These schedules are –

(i) Schedule – I: Discuss about Injuries – (a) Total Disablement (b) Partial Disablement.

(ii) Schedule – II: Discuss about Operations, Industries or Employments.

(iii) Schedule – III: List of occupational diseases.

(iv) Schedule – IV: Compensation Amount.

[2] Definition

2.1    Definitions which are important to discussed under this act. Some important definitions which are required to understand this act are discussed in successive paras hereinafter.

2.2    Commissioner: As per section 2(1)(b), means a Commissioner for Workmen’s Compensation appointed under section 20. Detail about Commissioner is discussed in para 8,

2.3    Compensation: As per section 2(1)(c), means compensation as provided for by this Act. Means to say that, the amount which is paid to the workmen in case of – (a) accidental injury, (b) occupational disease (c) accidental death by the employer.

2.4    Dependent: As per section 2(1)(d), any of the following relatives of deceased workman, namely:—

(i) a widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter or a widowed mother; and

(ii) if wholly dependent on the earnings of the workman at the time of his death, a son or a daughter who has attained the age of 18 years and who is infirm;

(iii) if wholly or in part dependent on the earnings of the workman at the time of his death,—

(a) a widower,

(b) a parent other than a widowed mother,

(c) a minor illegitimate son, an unmarried illegitimate daughter or a daughter

legitimate or illegitimate or adopted if married and a minor or if widowed and a minor,

(d) a minor brother or an unmarried sister or a widowed sister if a minor,

(e) a widowed daughter-in-law,

(f) a minor child of a pre-deceased son,

(g) a minor child of a pre-deceased daughter where no parent of the child is alive, or

(h) a paternal grandparent if no parent of the workman is alive;

Bullet:—For the purposes of sub-clause (ii) and items (f) and (g) of sub-clause (iii) references to a son, daughter or child include an adopted son, daughter or child respectively.

2.5    Disablement: It has two types (i) Partial disablement (ii) Total disablement.

(i) Partial disablement: As per section 2(1)(g), partial disablement means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of an employee in any employment in which he was engaged at the time of the accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time: provided that every injury specified [in Part II of Schedule I] shall be deemed to result in permanent partial disablement;

(ii) Total disablement: As per section 2(1)(l), total disablement means, such disablement, whether of a temporary or permanent nature, as incapacitates a an employee for all work which he was capable of performing at the time of the accident resulting in such disablement subject to the condition that permanent total disablement shall be deemed to result from every injury specified in Part I of Schedule I or from any combination of injuries specified in Part II thereof where the aggregate percentage of the loss of earning capacity, as specified in the said Part II against those injuries, amounts to one hundred per cent. or more;

2.6    Employer: As per section 2(1)(e), anybody of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer, and, when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means such other person while the workman is working for him;

2.7    Wages: As per section 2(1)(m), wage includes any privilege or benefit which is capable of being estimated in money, other than a travelling allowance or the value of any travelling concession or a contribution paid by the employer of a workman towards any pension or provident fund or a sum paid to a workman to cover any special expenses entailed on him by the nature of his employment.

In short, wage means the remuneration paid by employer to the workman purely for his work except any other allowance. Like Basic + DA in terms of Government employee.

2.8    Workman: As per section 2(1)(n), workman means any person who is—

(i) a railway servant as defined in clause (34) of section 2 of the Railways Act, 1989 (24 of 1989) not permanently employed in any administrative, district or sub-divisional office of a railway and not employed in any such capacity as is specified in Schedule II, or (ia)

(a) a master, seaman or other member of the crew of a ship,

(b) a captain or other member of the crew of an aircraft,

(c) a person recruited as driver, helper, mechanic, cleaner or in any other

capacity in connection with a motor vehicle,

(d) a person recruited for work abroad by a company, and who is employed outside India in any such capacity as is specified in Schedule II and the ship, aircraft or motor vehicle, or company, as the case may be, is registered in India, or

(ii) employed in any such capacity as is specified in Schedule II, whether the contract of employment was made before or after the passing of this Act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of the Armed Forces of the Union and any reference to a workman who has been injured shall, where the workman is dead, include a reference to his dependents or any of them.

Bullet: Condition of treating a person as workman: For not treating a person as workman, two conditions are required to be proved that – (i) his employment is of casual nature and (ii) he is not employed for the purpose of employee’s trade or business and the onus is on the employer to prove these conditions.

[3] List of injuries

3.1    Compensation is paid to the workman in case of – (i) any injury, (i) any occupational disease or (iii) in the event of death.

3.2    In Schedule – I, the vital topic Injury is discussed under this Act. As per this Act, it has two parts – (a) Total Disablement & (b) Partial Disablement.

3.3     Partial Disablement: There are two types of Partial Disablement –(i) Temporary partial Disablement & (ii) Permanent Partial Disablement. Whenever, partial word is used for disablement, it refers to reduce in earning capacity. Means to say that, in case of Partial disablement, the earning capacity of the workman is reduced.

3.4    Temporary Partial Disablement: In this case, earning capacity is reduced in the particular employment/work in which the workman was engaged when this mishap took place.

3.5    Permanent Partial Disablement: In this case, earning capacity is reduced in every employment. List of such injuries are available in Part-II of Schedule – I. The same is discussed in Para 10.

3.6    Permanent Total Disablement: In case of total disablement whether it is ‘temporary’ or ‘permanent’ in nature, incapacitates an employee for all work which he was capable of performing at the time of the accident. The same is discussed in Para 10.

3.7    Total Permanent Disablement is also deem to result from any combination of injury where the aggregate percentage of the loss of earning capacity amounts to 100% or more.

3.8    Loss of earning capacity: Discussed in para 10.2.

[4] List of occupational diseases

4.1    Schedule – III of this Act deals with Occupational diseases. Occupational diseases are classified into three parts – (i) Peculiar disease (ii) Arise in service for a continuous period of 6 months (iii) Arise in service including one or more Employer.

4.2    (i) Peculiar disease: In this category of diseases which are severe disease which are caused by severance.

4.3    (ii) Arise in service for a continuous period of 6 months: In this category diseases which are caused/developed during the course of employment for a continuous period of 6 months within the same employer.

4.4    (iii) Arise in service including one or more Employer: In this category of diseases which are caused/developed during the course of employment for a continuous period of 6 months including one or more employer.

4.5    List of all Occupational disease may be found in Schedule – III of the Act.

[5] Medical Examination

5.1    As per section 11 (i), an Employee is required to submit to an examination by qualified medical practitioner appointed by Employer within 3 days of notice which is served by the Employer.

5.2    Process of Medical examination: Workman met with an accident and the same is noticed to the employer, the employer requests/directs the workman to undergo a medical examination, workman will submit himself for such examination within 3 days of employer’s notice.

5.3    Notice is not necessary to serve in case of fatal injury.

5.4    If a workman refuses to submit himself for medical examination or obstructs the same as discussed at para 6.1, his right to compensation under this Act shall be suspended during the continuation of such refusal or obstruction [ Sec. 11(2)].

5.5    If a workman whose right of compensation is suspended under section 11(2) as discussed in Para 6.3 above dies without any medical examination, Commissioner may, if he thinks fit, direct the payment of compensation [Sec. 11(4)].

5.6    Restriction on number of medical examinations: As per Rule 16, a workman who is in receipt of a half-monthly payment shall not be required to submit himself for medical examination elsewhere than at the place where he is residing for the time being more than twice in the first month following the accident or more than one in any subsequent year.

5.7    Medical Examination of women: As per Rule 18(1), no woman shall without her consent be medically examined by a male practitioner, save in the presence of another woman.

5.8    As per Rule 18(2), No woman shall be required to be medically examined by a male practitioner if she deposits a sum sufficient to cover the expenses of examination by a female practitioner.

[6]    Amount of Compensation

6.1    The amount of compensation under this Act is based on degree of casualty.

6.2    In case of death: As per section 4(1)(a) of Schedule – IV, in case of death,

Amount = (50% of monthly wages) x (Relevant Factor) or Rs. 1,20,000 whichever is more. Here, the Relevant Factory is given and is discussed in Para 6.5

6.3     Initially, the limit of monthly wage for compensation under this act was Rs. 8000/-. Means to say that, if the monthly wage is more than Rs. 8000/-, then Rs. 8000/- shall be taken into account. Means to say that monthly wage was restricted to Rs. 8000/- under this Act for compensation.

6.4     As per notification No. S.O.71(E) published in Gazette of India on 3^rd January, 2020, The Central government has changed the amount of wages to be considered for calculation of compensation to workers under the Act. The amount of wages considered for compensation is Rs 15,000/- as per section 4(1).

6.5    Relevant Factor: Relevant Factory for working out lump sum equivalent of compensation amount in case of – (a) Permanent disablement & (b) Death is based on completed years of age on the last birth day of the workman immediately preceding the date on which the compensation fell due. Relevant Factor is tabulated below:

6.6    In case of Permanent Total Disablement: As per section 4(1)(b) of Schedule – IV, in case of Permanent Total Disablement, Amount = (60% of monthly wages) x (Relevant Factory) or Rs. 1,40,000 wherever is more.

6.7    In case of Permanent Partial Disablement: As per section 4(1)(c) of Schedule – IV, in case of Permanent Partial Disablement, Amount shall be directly proportional to the proportionate to the loss of earning. Means to say that the compensation amount will be paid in respect to the loss of earning capacity due to accident.

6.8    In case of Temporary Disablement: As per section 4(2)(2A) of Schedule – IV, in case of Temporary Disablement, the compensation amount is paid on the basis of quantum of ‘Injury days’.

6.9    It has two substantial base – (a) If the injury period is more than 28 days, then Amount = Half-monthly payment which will begin to be paid from sixteenth day after the disablement. Means to say that 15 days wages shall be paid for one month.

(b) If the injury period is less than 28 days then, Amount = amount is paid after sixteenth day of expiry of waiting period of 3 days from the day of disablement. Means to say that the half-monthly wages will begin to be paid in this case but after 3 days of waiting. Means, after 3 days it will become due for payment. In case of (a), as discussed above, it becomes due instantly.

6.10    No compensation under this Act is allowed if the injury is less than 3 days. Means, a workman is entitled for any compensation under this Act if the injury extends beyond 3 days.

6.11    The Half-monthly payment will be paid for a maximum period of 5 years.

6.12    As per section 4(4) of Schedule – IV, Funeral expenses = Rs. 10,000/-.

6.13    Compensation is to be paid in time (sec 4A): If Employer delays in payment of the compensation amount by one month from the date it is due, the Commissioner may direct the Employer to pay the compensation amount with interest of @ 12%.

6.14    If the Commissioner does not find any justification of any such delay as discussed in Para 7.11, he may impose a penalty of 50% of the compensation amount on the Employer.

6.15    In case of Occupational disease, claim from the first day after the period during which the employee was continuously absent from the work.

[7] Employer’s liability of Compensation

7.1    As per section 3 of the Act, it’s the liability of the employer to pay the compensation amount to the workman.

7.2    Condition for compensation: Employer’s liability to pay compensation arises – (a) when ‘injury’ is caused by an accident ‘arising out of’ and ‘in the course of’ employment & (b) In case of death.

7.3    No compensation by Employer: The Employer is not liable to pay the compensation if the injury is directly attribute to any of the following:

(a) Disablement caused by injury does not exceed 3 (Three) days.

(b) Any injury not resulting in death or permanent total disablement caused by an accident which is directly attribute to – (i) if the workman was under the influence of Alcohol or drugs, (ii) wilful disobedience against an order expressively given, or infringement of any safety rule for securing the safety of the workman, (iii) willful removal of safety equipment, device which he knew is provided for safety.

7.4    In case of death, Employer is bound to pay the compensation irrespective of any circumstances whether the employee breached any safety rule or not.

7.5    Payment to compensation either to – (a) Workman or (b) Commissioner: As per section 4A, the Employer is to make the payment either to the workman or to deposit with the Commissioner.

7.6    Distribution of Compensation: In case of death resulted by an accident, the compensation is to be deposited with the Commissioner [Sec.8].

[8] Commissioner

8.1    If there is a dispute between an Employee and the Employer about disbursement of compensation under this act, the employee may approach to the Commissioner appointed for the same under this Act.

8.2    As per section 20, The State Government appoints Commissioner under this act for specified area by notification in official Gazette.

8.3    Where more than one Commissioner is appointed for any area, the State Government needs to regulate the distribution of business between them [Sec. 20(2)].

8.4    Commissioner may ask for assistance from any person or persons who is/are having a good knowledge of any mater relevant to the matter under inquiry [Sec. 20(3)].

8.5    Every Commissioner shall be deemed to be a public servant within the meaning of the Indian Penal Code 1872.

8.6    As per Amendment of 2009, the eligibility criteria for appointment of a Commissioner under this act [Section 20(1)] are:

(i) A member of State Judicial Service with an experience of 5 years.

(ii) An Advocate or a pledger with an experience of 5 years.

(iii) A Gazetted Officer with an experience of 5 years with educational qualification relating to – (a) Personnel Management (b) HRD (c) Industrial Relation

8.7    The Commissioner is required to dispose the matter within 3 months from the date of reference and intimate the employee within this period.

8.8    Venue of proceedings: Commissioner will conduct proceedings on – (a) where the accident took place (b) where the workman or his/her dependent member resides (c) where the employer has his registered office.

8.9    The Commissioner has power to award compensation more than what is claimed by the workman [Karnatka High Court Judgement in Karnataka State Road Transport Corporation Vs. B.T Somasekhariah, 1994 LLR 251 (Karn)].

8.10    No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by a Commissioner or to enforce any liability incurred under this Act.

8.11    Any appeal against the order of the Commissioner lie with the High Court of the jurisdiction [Sec. 30].

[9] Amendments

9.1    This Act was enacted in 1924, since then circumstances have changed and accordingly, a number of amendments were made in this Act. The last amendment was made on 12^th April, 2017. Some important amendments are hereby discussed in successive paras.

9.2    First Amendment: It is the duty of the Employer to inform it’s workman about the right to compensation under this Act in writing or and also through electronic media. If employer don’t do that, he is liable to be pay penalty. The amount of penalty was Rs. 5,000.

9.3    Second Amendment: In an another amendment, the penalty was increased from Rs. 5,000 to Rs. 50,000 and upto Rs. 1,00,000.

9.4    Third: The minimum dispute amount qualifying for Review in a High Court, was increased from Rs. 300/- to Rs. 10,000/-.

9.5    Section 30A is omitted.

9.6    In 2010 amendment, Railway employees other than those of Administrative Capacity are included into this Act for compensation.

[10] Miscellaneous

10.1    List of injuries deemed to result in Permanent Total Disablement: In connection with Para 3.6 above, as per Schedule – I, Part-I, under section 2(1) and 4, the list is appended below:

10.2    List of injuries deemed to result in Permanent Partial Disablement: In continuation of Para … above, Schedule – I, Part-II, the list is appended below:

1. Amputation through shoulder joint: 90%
   
2. Amputation below shoulder with stump less than 20.32 Cms : 80%
   
3. Amputation form 20.32 Cms from tip of acromion to less than 11.43 Cms below tip of olecranon: 70%
   
4. Loss of hand or of the thumb and four fingers of one hand or amputation from 11.43 Cms below tip of colcannon: 60%
   
5. Loss of thumb: 30%
   
6. Loss of thumb and its metacarpal bone: 40%
   
7. Loss of four fingers of one hand: 50%
   
8. Loss of three fingers of one hand: 30%
   
9. Loss of two fingers of one hand: 20%
   

(10) Loss of terminal phalanx of thumb: 20%

Amputation cases – lower limbs

(11) Amputation of both feet resulting in end bearing stumps: 90%

(11A) Amputation through both feet proximal to the metatarso phalangeal joint : 80%

(12) Loss of all toes of both feet through the metatarso-phalangeal joint : 40%

(13) Loss of all toes of both feet proximal to the proximal inter-phalangeal joint :  30%

(14) Loss of all toes of both feet distal to the proximal inter-phalangeal joint: 20%

(15) Amputation at hip: 90%

(16) Amputation below hip with stump not exceeding 12.70 Cms. In length  measured from tip of great trenchanter : 80%

(17) Amputation below middle thigh to 8.89 Cms below : 60%

(18) Amputation of one foot resulting in end bearing : 50%

(19) Loss of all toes of one foot through the metatarso-phalangeal joint other injuries : 20%

(20) Loss of one eye, without complications, the other being normal: 40%

(21) Loss of vision of one eye, without complications or disfigurement of eye: 30%

(22) Loss of partial vision: 10%

Loss of Fingers of right or left hand

(23) Whole: 14%

(24) Two phalanges: 11%

(25) Guillotine amputation of tip without loss of bone Middle finger: 5%

Toes of right or left foot Great toe

(26) Through metatarso-phalangeal joint: 14%

(27) Part, with some loss of bone : 3%

10.3    List of persons who are subject to the provision of section 2(1)(n) are included in the definition of workman: In continuation of Para 3.5 above, following persons are workman within the definition of workman –

(i) employed in railways, in connection with the operation, repair or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the loading or unloading of any such vehicle; or

(ii) employed, in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the Factories Act, 1948 (63 of 1948), is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made whether or not employment in any such work is within such premises or precincts, and steam, water or other mechanical power or electrical power is used; or

(iii) employed for the purpose of making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale any article or part of an article in any premises

Explanation.–For the purposes of this clause, persons employed outside such premises or precincts but in any work incidental to, or connected with, the work relating to making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale of any article or part of an article shall be deemed to be employed within such premises or precincts; or

(iv) employed in the manufacture or handling of explosives in connection with the employer’s trade or business; or

(v) employed, in any mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952), in any mining operation or in any kind of work, incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground; or

(vi) employed as the master or as a seaman of.–

(a) any ship which is propelled wholly or in part by steam or other mechanical power or by electricity or which is towed or intended to be towed by a ship so propelled; or

(b) Omitted

(c) any sea going ship not included in sub-clause (a) provided with sufficient area for navigation under sails alone; or

(vii) employed for the purpose of —

(a) loading, unloading, fuelling, constructing, repairing, demolishing, cleaning or painting any ship of which he is not the master or a member of the crew, or handling or transport within the limits of any port subject to the Ports Act, 1908 (15 of 1908), or the Major Port Trusts Act, 1963 (38 of 1963)], of goods which have been discharged from or are to be loaded into any vessel; or

(b) warping a ship through the lock; or

(c) mooring and unmooring ships at harbour wall berths or in pier; or

(d) removing or replacing dry dock caisoons when vessels are entering or leaving dry docks; or

(e) the docking or undocking of any vessel during an emergency; or

(f) preparing splicing coir springs and check wires, painting depth marks on lock-sides, removing or replacing fenders whenever necessary, landing of gangways, maintaining life-buoys up to standard or any other maintenance work of a like nature; or

(g) any work on jolly-boats for bringing a ship’s line to the wharf; or

(viii) employed in the construction, maintenance, repair or demolition of —

(a) any building which is designed to be or is or has been more than one storey in height above the ground or twelve feet or more from the ground level to the apex of the roof; or

(b) any dam or embankment which is twelve feet or more in height from its lowest to its highest point; or (c) any road, bridge, tunnel or canal; or

(d) any wharf, quay, sea-wall or other marine work including any moorings of ships; or

(ix) employed in setting up, maintaining, repairing or taking down any telegraph or telephone line or post or any overhead electric line or cable or post or standard or fittings and fixtures for the same; or

(x) employed, in the construction, working, repair or demolition of any aerial ropeway, canal, pipeline or sewer; or

(xi) employed in the service of any fire brigade; or

(xii) employed upon a railway as defined in clause (31) of section 2 and subsection (1) of section 197 of the Railways Act, 1989 (24 of 1989), either directly or through a sub-contractor, by a person fulfilling a contract with the railway administration; or

(xiii) employed as an inspector, mail guard, sorter or van peon in the Railway Mail Service or as a telegraphist or as a postal or railway signaller, or employed in any occupation ordinarily involving outdoor work in the Indian Posts and Telegraphs Department; or

(xiv) employed, in connection with operation for winning natural petroleum or natural gas; or

(xv) employed in any occupation involving blasting operations; or

(xvi) employed in the making of any excavation or explosives have been used, or whose depth from its highest to its lowest point exceeds twelve feet; or

(xvii) employed in the operation of any ferry boat capable of carrying more than ten persons; or

(xviii) employed on any estate which is maintained for the purpose of growing cardamom, cinchona, coffee, rubber or tea; or;

(xix) employed, , in the generating, transforming transmitting or distribution of electrical energy or in generation or supply of gas; or

(xx) employed in a lighthouse as defined in clause (d) of section 2 of the Indian Lighthouse, Act 1927 (17 of 1927); or

(xxi) employed in producing cinematograph pictures intended for public exhibition or in exhibiting such pictures; or

(xxii) employed in the training, keeping or working of elephants or wild animals; or

(xxiii) employed in the tapping of palm-trees or the felling or logging of trees, or the transport of timber by inland waters, or the control or extinguishing of forests fires; or

(xxiv) employed in operations for the catching or hunting of elephants or other wild animals; or

(xxv) employed as a diver; or

(xxvi) employed in the handling or transport of goods in, or within the precincts of,–

(a) any warehouse or other place in which goods are stored, or,

(b) any market; or

(xxvii) employed in any occupation involving the handling and manipulation of radium or X-rays apparatus, or contact with radioactive substances; or

(xxviii) employed in or in connection with the construction, erection, dismantling, operation or maintenance of an aircraft as defined in section 2 of the Indian Aircraft Act, 1934 (22 of 1934); or

(xxix) employed in horticultural operations, forestry, bee-keeping or farming by tractors or other contrivances driven by steam or other mechanical power or by electricity; or

(xxx) employed, in the construction, working, repair or maintenance of a tube-well; or

(xxxi) employed in the maintenance, repair or renewal of electric fittings in a building; or

(xxxii) employed in a circus.

(xxxiii) employed as watchman in any factory or establishment; or

(xxxiv) employed in any operation in the sea for catching fish; or

(xxxv) employed in any employment which requires handling of snakes for the purpose of extraction of venom or for the purpose of looking after snakes or handling any other poisonous animal or insect; or

(xxxvi) employed in handling animals like horses, mules and bulls; or

(xxxvii) employed for the purpose of loading or unloading any mechanically propelled vehicle or in the handling or transport of goods which have been loaded in such vehicles; or

(xxxviii) employed in cleaning of sewer lines or septic tanks within the limits of a local authority; or (xxxix) employed on surveys and investigation, exploration or gauge or discharge observation of rivers including drilling operations, hydrological observations and flood forecasting activities, ground water surveys and exploration; or

(xl) employed in cleaning of jungles or reclaiming land or ponds; or

(xli) employed in cultivation of land or rearing and maintenance of live-stock or forest operations or fishing; or

(xlii) employed in installation, maintenance or repair of pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes, streams and the like; or

(xliii) employed in the construction, boring or deepening of an open well or dug well, bore well, bore-cum-dug well, filter point and the like; or

(xliv) employed in spraying and dusting or insecticides of pesticides in agricultural operations or plantations; or

(xlv) employed in mechanised harvesting and threshing operations; or

(xlvi) employed in working or repair or maintenance of bulldozers, tractors, power tillers and the like; or

(xlvii) employed as artist for drawing pictures on advertisement boards at a height of 3.66 metres or more from the ground level; or

(xlviii) employed in any newspaper establishment as defined in the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 and engaged in outdoor work;

10.4    Calculation of Compensation: A workman having (a) age: 40 years, (b) Basic pay: 30,000/- DA = 20%, the amount of compensation in various circumstances are calculated discussed in successive paras hereinafter. Here, Wage = 30000 + 20% of 30000 = 30000 + 6000 = 36000/-.

10.5    In case of death: (50% of wage) x (Relevant factor) = (50% of 36000) x (184.17) = 18000x 184.17 = 3,315,060 or Rs. 1,20,000 whichever is more. Hence, the amount of compensation in this case = Rs. 3,315,060/-

10.6    In case of Permanent Total Disablement: (60% of wage) x (Relevant factor) = (60% of 36000) x (184.17) = 21600x 184.17 = 3,978072/- or Rs. 1,40,000 whichever is more. Hence, the amount of compensation in this case = Rs. 3,978,072/-

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