Himani after passing of the Professional examination conducted by the MM Professional Institute underwent the requisite training and got the membership of the Institute. She also applied and got the Certificate of Practi

CS Professional · Labour Laws and Practice · PYQS · December 2024
Himani after passing of the Professional examination conducted by the MM Professional Institute underwent the requisite training and got the membership of the Institute. She also applied and got the Certificate of Practice. However, Himani was not sure in which field she should start the practice looking to the competition in each of the area, whether it be the company related issues or taxation and the new comers have to face the challenges too. Himani's father, Rakesh is an Advocate and has been in practice for matters relating to the labour laws. Himani used to spend most of the time in her father's office and observed that there is a good scope in doing practice in labour audit. Rakesh used to discuss with Himani the cases he used to plead in the labour court and most of them were relating to the Provident Fund, Child Labour, Contract Labour, Workmen's Compensation and Industrial Disputes. Rakesh also introduced Himani to some his corporate clients. Very soon Himani was entrusted to do the labour audit for some of the companies on which various provisions of the labour laws applies. One day Himani was invited by the City Law College to address the law students on the topic of the Industrial Relations Code, 2019. Himani agreed and prepared her speech and addressed the law students, faculties and distinguished guests which were present in the seminar. The speech of Himani was well appreciated. During the question-answer session, one of the law students raised a query that Parliament had enacted number of labour laws for regulating employment and conditions of service of workers. Whenever a new law is enacted, it prescribes certain registers to be maintained by the employers and for furnishing of returns of various details to the concerned enforcing authorities. This creates lot of complications on the part of the employer in dealing with compliances of these provisions. Whether the submission of multiplicity of returns can be exempted? Himani also addressed this issue to the satisfaction of concerned students and for the knowledge of the audience. Jhanvi, a law faculty of the college, appreciated the speech given by Himani. She also asked Himani, how India has made specific representation of the major deliberative organ of the International Labour Organisation. Himani also elaborated over this issue. At last, Jhanvi gave the vote of thanks. One day, a case was brought into the knowledge of Rakesh (father of Himani). In this case, there is a factory, in which the workers were agitating against the management and the union leader appealed to the workmen for not going into the factory for work. However, some of the workers ignored the command of the union leader and attended their work schedule in the factory. At the end of the working hours, when the workers (who attended the factory work) were returning to their home, were attacked by other parties and were severally injured. The injured workers asked the management of the factory to provide them the amount of insurance on the plea that it is an employment injury. Based on the given facts, answer the following questions: Explain the meaning of employment injury under the relevant provisions of the law.

Answer & Explanation:

In terms of Section 2(8) of The Employees' State Insurance Act, 1948 "employment injury" means a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment, being an insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of India.

Topics: Social Security

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