Labour Law Maze: Section 18A vs Workmen's Compensation
labour judiciary advanced concept_confusionSection 18A of the Industrial Disputes Act, 1947, seems to be giving me the jitters. It says that if a workman is dismissed from service, the employer has to pay compensation, but only if the workman is not 'engaged for less than 3 months'. Okay, got that. But then I read Section 2 (h) of the Workmen's Compensation Act, 1923, which defines 'employed'. It says employed means 'any person who is employed for wages or salary'. Doesn't this mean every workman is 'engaged' or 'employed' (for wages or salary) regardless of the duration? So, is it just me, or is this a contradictory mess?
Can someone explain what's going on? Am I missing something?
4 Comments
Bhai, don't lose hope in the labour law maze. I've been through it too. Section 18A of the ESI Act is indeed tricky. But, it's a myth that it always takes precedence over Workmen's Compensation Act. Sometimes, they coexist and it's essential to understand both to navigate such cases effectively. Keep pushing through, bro!
"Arre bhai, yeh confusion to sabke saath hota hai. Section 18A of the Workmen's Compensation Act aur WC ka khaas case hai. 18A mein, injury ki jankari pehle se hi pahunchne ka process hai, jabki WC me injury ke dauran mehsoos kiya gaya hota hai. Ek ek case mehsoos ho sakta hai, lekin maine dekha hai ki 18A ka use jyada case mehsoos karte hain.
Main to yeh kahaunga ki Section 18A vs Workmen's Compensation ka comparison karna kafi galat hai. Ye dono kanooni provisions alag-alag hain. Section 18A employment contract cancel karne ka liya hota hai jabki Workmen's Compensation labour ke liye compensation dene ka liya hota hai. Ye do provisions different scenarios ke liye design kiye gaye hain. Inka maze karna confusion kaam kar raha hai.
"Bhai, ye dono hi kaam karte hain, lekin ek doosre se alag hain. Section 18A ka mahatva hai ki yeh koi bhi factory ya establishment, jo koi bhi kaam karta hai, woh duty-bound hai ki yeh apne karmachariyon ko kam se kam 1 crore ka compensation dega.