X, who works for a civil construction company, was injured due to his own negligence while operating a lift to move construction materials to second floor. Does this incident qualify as an "employment injury" under the E
CS Executive · Setting up of Business Entities and Closure · PYQS · December 2024
X, who works for a civil construction company, was injured due to his own negligence while operating a lift to move construction materials to second floor. Does this incident qualify as an "employment injury" under the ESI Act, 1948.
Answer & Explanation:
Section 2(8) of the Employees' State Insurance (ESI) Act, 1948, defines "employment injury" as 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. The key consideration is whether the injury occurred while the employee was performing duties related to their employment. In the case of Jayanthilal Dhanji Co. vs Employees' State Insurance Corporation, the court emphasized that the injury caused due to the negligence of employee amounts to an employment injury. Therefore, in Mr. X's case, since the injury occurred while he was operating a lift to move construction materials, a task related to his employment—it would qualify as an "employment injury" under the ESI Act, 1948, despite his negligence.
Topics: Labour Laws
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