Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.4 Employee’s Compensation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Employee’s Compensation Act, 1923 (8 of 1923) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Employee’s Compensation Act, 1923: s.4 – Whether the benefit of Act 45 of 2009 deleting the deeming provision in Explanation II which capped the monthly wages of an employee at Rs.4000 would also apply to accidents which took place prior to the coming into force of its provisions i.e. 18 January 2010 – Held: The objective of the amendment by virtue of Act 45 of 2009 is to remove a deeming cap on the monthly income of an employee and extend to them compensation on the basis of the actual monthly wages drawn by them – However, there is nothing in Act 45 of 2009 either express or implied to indicate that the Legislature intended for the benefit to extend to accidents that took place prior to the coming into force of the amendment – The relevant date for the determination of compensation payable is the date of the accident and the benefit of Act 45 of 2009 does not apply to accidents that took place prior to its coming into force – Workman Compensation Amendment Act (No.45 of 2009). Employee’s Compensation Act, 1923: Object of enactment – The 1923 Act is a social beneficial legislation and its provisions and amendments thereto must be interpreted in a manner so as to not deprive the employees of the benefit of the legislation – The object of enacting the Act of 1923 was to ameliorate the hardship of economically poor employees who were exposed to risks in work, or occupational hazards by providing a cheaper and quicker machinery for compensating them with pecuniary benefits – Legislation – Social beneficial legislation.Workman Compensation Amendment Act (No.45 of 2009): Object of amendment – Held: Prior to Act 45 of 2009, by virtue of the deeming provision in Explanation II to s.4, the monthly wages of an employee were capped at Rs 4000 even where an employee was able to prove the payment of a monthly wage in excess of Rs 4,000 – The legislature, in its wisdom and keeping in mind the purpose of the 1923 Act as a social welfare legislation deleted it altogether – The objective of the amendment is to remove a deeming cap on the monthly income of an employee and extend to them compensation on the basis of the actual monthly wages drawn by them. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2020 INSC 180 |
Petitioner | K Sivaraman & Ors. |
Respondent | P Sathishkumar & Anr. |
SCR | [2020] 4 S.C.R. 480 |
Judgement Date | 2020-02-13 |
Case Number | 9046 |
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