INDUSTRIAL LAW

The term industrial law include the body of laws concerning to industrial affairs of a country. It has been found that the laws that are covered by this term do not apply to any other part of industrial matters except the labours management relationship in its entirety and its operative details.




It may, therefore, be defined as the body of enactments, together with the rules made there under and the precedents developed gradually out of industrial cases. It goes to regulate the entire labour management relationship from its very beginning.


These matters may relate to pay, pension, gratuity, punishment and leave of workers, disputes between the labour and the management and the methods of their settlements. It also covers measures taken by the Govt. in case of strike by labour and lock out by management. An analysis of the definition given above would show that industrial law mean labour law.

If ever it is possible to run industries without the service of labour, the whole body of laws now denoted by the term ‘Industrial Law’ would at once ceases to have any utility at all. In our country ‘Industrial Law’ means ‘labous law’ made and applied to fined solution to various labour problems of the country.


Scope of Industrial Law

Industrial law is the various labour laws so far made and put into operation in this country that properly come under the scope of this term Consequently, law relating to the following important fields are covered by the term ‘Industrial Law’.

a.         Law relating to factories.
b.         Law relating to transport by land and inland navigation.
c.         Law relating to mines.
d.         Law relating to trade union.
e.         Law relating to wages overtime, safety, general welfare and social security of workers.
f.          Law relating to plantations.
g.         Law relating to industrial disputes and their settlement.
h.         Law relating to workers in industrial and commercial establishments.


NUMBERS OF SCHEDULES 

There are four schedules have been annexed to the workmen compensation Act 1923. These are given below


1.         Schedule I   [Under Sections 2 (1) and 4]

            List of injuries deemed to result in permanent total disablement.


2.         Schedule II  [Under section 2 (1) (n)]

List of persons who, subject to the provision of section 2 (1) (n) are included in the definition of workmen.


3.        Schedule III [Under section 3]

            List of occupational diseases.


4.         Schedule IV [Under section 4]

            Compensation payable in certain cases.

WORKMEN COMPENSATION ACT 1923

The workmen compensation Act is the first measure of social security introduced in 1923 came into force from 1st July 1924. The workmen compensation is an act to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident.


Importance

It has been of great help to the employee and the employer both. There were many confusions in all cases of accidents before the introduction of this Act. Its proceedings were long drawn time consuming and sheer wastage of time and natural resources.

The workmen compensation Act has abolished all the problems and difficulties. The employee is declared to be entitled to the benefit of the law regardless of negligence. Under this Act 1923, the issue is as to whether the injury was accidental and arose out of and in the course of his employment and if the answer is yes, he would be entitled to get compensation, other wise not.

The workmen compensation Act perform a great service to both the parties i.e. employee and the employer. It provides a very simple procedure for the recovery of compensation.

It makes the possible to know, how much is to be paid, as schedules for different types of casualties are provided in the Act.

The workmen or his dependent are at liberty to either life a suit for damage against the employer and run the risk of employer’s escape from liability.

So it is intended to promote the welfare of public community and it does not concern itself with the measure of preventive nature. Read for more details Employer's Liabilities : Workman's Act


EMPLOYER NOT LIABLE

            The employer shall not be liable to pay compensation.
1.         If the incapacity or disablement does not last from more than 4 days or
2.         If the injury, not resulting in death, is caused by an accident which is directly attributable to:-
a.         The work-men having been at the time there of under the influence of drink or drug or
b.         The willful disobedience of the work-men to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of work men or
c.         The willful removal or disregards by the workman of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of workmen.
3.         If the accident causing the injury to or death of a workmen did not arise both out of and in the course of his employment.
4.         If the workman has instituted in a civil court a suit for damages in respect the injury against the employer or and other person.

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