Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for an injury which does not disable the workman for at least three days from earning full wages in his employment [s. 1 (1) (a), ibid.], and serious and wilful misconduct may disqualify unless the injury results in death or serious and permanent disablement [s. 1 (1) (b), as explained by s. 1 (2)]; contracting out is not allowed except under a scheme made under the Act [s. 1 (3)] Notice, verbal or written, is necessary (s. 14) within six months from the accident, or in case of death, from time of death.
The (English) Workmen's Compensation Act, 1897, together with the Act of 1900, which brought agricultural labourers into the benefits of the earlier Act, were repealed by the (English) Workmen's Compensation Act, 1906 (6 Edw. 7, c. 58), which very largely increased the scope and character of this particular legislation, but, like the earlier Acts, was very fruitful in litigation. The act was amended and extended by the (English) Workmen's Compensation Act 1923, which repealed the Workmen' s Compensation (War Addition) Acts, 1917 and 1919, and provided (inter alia) for a permanent increase of compensation, and was finally repealed by the (English) Workmen's Compensation Act, 1925 (15 & 16 Geo.5, c. 84).
The (English) Act of 1925 by s. 3 (1) defines 'workman' as
'any person who has entered into or works under a contract of service or apprenticeship with an employer, whether by way of manual labour, electrical work or otherwise, and whether the contract is express or implied, is oral or in writing, and also includes a person engaged in plying for hire with any vehicle or vessel the use of which is obtained from the owner thereof under any contract of bailment (other than a hire purchase agreement) in consideration of the payment of a fixed sum or a share in the earnings or otherwise.'
And s. 35 includes masters, seamen and apprentices to the sea service and apprentices in the sea-fishing service.
Except by s. 3 (2), persons (a) not employed in manual labour whose remuneration exceeds 350l. a year; (b) employees in casual work which is not part of the employer's trade or business, and not engaged or paid by a club for games or recreation; (c) members of a police force; (d) out workers; (e) a member of the employer's family living in his house; (f) in the naval, military, or air services, and certain fishermen are excluded [see s. 35 (2)]
In s. 5 (1) 'employer' is defined as including
'any body of persons corporate or unincorporate and the legal personal representative of a deceased employer, and where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person.'
(2) the owners of vehicles or vessels plying for hire, let or under bailment to persons so engaged.
(3) the managers of a games club.
As to accidents and industrial diseases within the ambit of the Act, see ACCIDENT TO WORKMAN, and the (English) Act of 1925, ss. 43 (1); Sch. III., s. 471, and subsequent orders by the Home Secretary under s. 43 (3); also the (English) Workmen's Com-pensation (Silicosis and Asbestosis) Act, 1930 (20 & 21 Geo. 5, c. 29), and Wragg v. Samuel Fox & Co., 1937 AC 442.
The Act is, apart from seamen, limited to employ-ment within the ambit of the United Kingdom, Tomalin v. Pearson, (1909) 2 KB 61, the Channel Islands or the Isle of Man (s. 16 of 1925). The question as to whether a contract of service exists is one of fact in each case, Simmons v. Heath Laundry Co., (1910) 1 KB 543.
Compensation is payable in respect of personal injury by accident (see ACCIDENT) to the workman or his dependants (see DEPENDANT), and the amount is based upon his average weekly earnings (s. 9). The minimum compensation payable in case of death of a workman who leaves dependants on his earnings is from 200l. to 300l., and the total amount of compensation payable, 600l. (s. 8).
The procedure is not by way of action, but is by reference to an arbitration, generally a county Court judge, from whom an appeal lies direct to the Court of Appeal. See ss. 21 and 28 and Sch. I., ibid., and County Court Rules.See the (English) Act of 1925 and the Workmen's Compensation Rules, 1926. S. 37 gives power to make Orders in Council giving effect to any convention with a Foreign State providing for reciprocity in matters relating to workmen's compensation, and in particular the Anglo-French Convention of 1909 (see Workmen's Compensation Rules, 1925, Rules 68 et seq.). consult Willis or Ruegg on Workmen's Compensation; Chartres' Judicial Interpretations; Workmen's Compensation Reports.
Means any agreement for carrying out for cash, deferred payment or other valuable consideration, the construction fitting out, improvement or repair of any building, road, bridge or any other immovable property, or manufacture, processing, fabrication, erection, installation, fitting out, improvement, modification, repair, conversion or commissioning of any movable property. [Rajasthan Tax on Entry of Goods into Local Areas Act, 1999, s. 2(s)]
Works, meant architectural or engineering opera-tions, a fortified building, a defensive structure, fortification or any of the several parts of such structures, Shorter Oxford English Dictionary; Kartar Singh Bhadana v. Hari Singh Nalwa, (2001) 4 SCC 661.
Works, Under s. 2(n) 'works' includes an electric supply line and by reason of the definitions in s. 2(f) and (1), a supply line includes a service line, The Upper Ganges Valley Electricity Supply Company Ltd. v. Uttar Pradesh Electricity Board, AIR 1973 SC 683: (1973) 1 SCC 254: (1973) 3 SCR 107. [Electricity Act, 1910, s. 2(n)]
The word 'works' in the expression in 'execution of any works' appearing in s. 9A of the Act is used in the sense of projects, schemes, plants such as building works, irrigation works defence works etc. The word 'works' used in Entry 35 of list II of the Seventh Scheduled to the Constitution used in the same sense, Dewan Joynal Abedin v. Abdul Wazed, (1988) Supp SCC 580: (1988) 2 SCR 370.
Includes electric line, and any building, plan, machinery, apparatus and any other thing of whatever description required to transmit, distribute or supply electricity to the public and to carry into effect the object of a licence or sanction granted under this Act or any other law for the time being in force. [Electricity Act, 2003 (36 of 2003), s. 2(77)]
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