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TypeBare Act JurisdictionCentral Government

The Code on Social Security, 2020 Section 78

Method of calculating monthly wages for purposes of compensation

~2 min read
https://sooperkanoon.com/act/144160

Bare act section · Research

About this section

The Code on Social Security, 2020 Section 78 is part of The Code on Social Security, 2020 - Method of calculating monthly wages for purposes of compensation. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

For the purposes of this Chapter, the expression "monthly wages" means the amount of wages deemed to be payable for a month's service (whether the wages are payable by the month or by whatever other period or at piece rates), and calculated as follows, namely:---
(a) where the employee has, during a continuous period of not less than twelve months immediately preceding the accident, been in the service of the employer who is liable to pay compensation, the monthly wages of the employee shall be one-twelfth of the total wages which have fallen due for payment to him by the employer in the last twelve months of that period;
(b) where the whole of the continuous period of service immediately preceding the accident during which the employee was in the service of the employer who is liable to pay the compensation was less than one month, the monthly wages of the employee shall be the average monthly amount which, during the twelve months immediately preceding the accident, was being earned by an employee employed on the same work by the same employer, or, if there was no employee so employed, by an employee employed on similar work in the same locality;
(c) in other cases including cases in which it is not possible for want of necessary information to calculate the monthly wages under clause (b), the monthly wages shall be thirty times the total wages earned in respect of the last continuous period of service immediately preceding the accident from the employer who is liable to pay compensation, divided by the number of days comprising such period.
Explanation.---For the purposes of this section, "a period of service" shall be deemed to be continuous which has not been interrupted by a period of absence from work exceeding fourteen days.

Frequently asked questions

What does The Code on Social Security, 2020 Section 78 provide?

Section Section 78 of the The Code on Social Security, 2020 (Method of calculating monthly wages for purposes of compensation) is reproduced on this page as part of the The Code on Social Security, 2020. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on The Code on Social Security, 2020 Section 78?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference The Code on Social Security, 2020 Section 78. Advanced act search can narrow results by court, year, or additional act filters.

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