Discuss in what cases the employer is not liable to pay compensation to employee.
CS Professional · Labour Laws & Practice · PYQS · June 2019
Discuss in what cases the employer is not liable to pay compensation to employee.
Answer & Explanation:
Proviso to Section 3(1) of the Employee's Compensation Act, 1923, specifies that in the following cases, the employer shall not be liable to pay compensation to the employee: (i) When the injury does not result in disablement for a period exceeding 3 days. (ii) When the injury not resulting in death or permanent total disability is due to any of the following reasons: (a) the employee was at the time of accident, under the influence of drink or drugs, or (b) the employee wilfully disobeyed an order expressly given or a rule expressly framed for the purpose of securing safety of workers, or (c) the employee, wilfully disregards or removes any safety guards or safety devices which he knew to have been provided for the safety of the employee. Thus, where an employee dies due to an accident arising out of and in the course of employment, it cannot be pleaded that death was due to any of the reasons stated from (a) to (c) ( R.B. Moondra & Co. v. Mst. Bhanwari ).
Topics: Employee's Compensation Act, 1923
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