6016
Sec. 4 (1) (d) of employee compensation act :
Where temporary disable-
ment, whether total or
partial result from the
injury
a half-monthly payment of the
sum equivalent to twenty-five
per cent. of monthly wages of
the workman, to be paid in accor-
dance with the provisions of sub-
section 2.
(2) The half-monthly payment referred to in clause (d) of sub- section (1) shall be payable on the sixteenth day--
Ofcourse, assumption is that the occupation is covered under the schedule. There are very few cases that are not covered by the act after the last ammendment.
From India, Mumbai
Where temporary disable-
ment, whether total or
partial result from the
injury
a half-monthly payment of the
sum equivalent to twenty-five
per cent. of monthly wages of
the workman, to be paid in accor-
dance with the provisions of sub-
section 2.
(2) The half-monthly payment referred to in clause (d) of sub- section (1) shall be payable on the sixteenth day--
Ofcourse, assumption is that the occupation is covered under the schedule. There are very few cases that are not covered by the act after the last ammendment.
From India, Mumbai
All my dear friends,
For the sake of easy reference, let me briefly present a quick re-cap of the question and the answers as well given by the learned friends M/S Varghese Mathew, Ankit Chaturvedi and Adoni Suguresh:
Since the affected employee is a probationer and sanction of all admissible leave could only be done on pro-rata basis within the period of probation, how his request for sanction of leave with salary for the 15 days of confinement in the hospital for treating the injuries can be entertained is the gist of the question.
In nut-shell,whether he is entitled for salary/wages for the period of absence of 15 days due to hospitalisation immediately following the employment-accident.
Mr.Varghese's view is that if the period is treated as leave, he is entitled to only 25% of his monthly salary for the 15 days.
Mr.Chaturvedi is of the opinion that he could be granted ( what is otherwise called as Leave-not-due) Advance leave with full salary to be adjusted against his future leave.
Mr.Suguresh is of the opinion that he should be granted " Accident Leave" and in the case of exceeding 3 days, he shall be paid 15 days salary as compensation till he resumes duty.
And the last respondent has cited Sec.4(1)(d) of the Employees Compensation Act,1923 in support of the above view-points.
Sorry; I am afraid whether the learned respondents inadvertantly resorted to computation of compensation for the disability caused to the employee instead of his eligibility to ask for leave with salry/wages for the entire period of hospitalisation.The object and purpose of the E.C Act1923 is only to provide for compensation for the disability caused to the employee due to employment-accidents based on his loss of earning capacity.It is not concerned about any leave provision in this regard. The term disability is not used in the Act in its common meaning but only with reference to the loss of earning capacity caused by the employment-accident.Section 4 of the Act comes into play only on the resultant effect of the employment-accident with reference to the physical impairment or disability, its nature and extent.Sec.4(1)(d) is relating to half-monthly payment based on 25% of the monthly wages in case of temporary disablement.That's why provision for review u/s6 and commutatiton u/s7 are provided.
Therefore, my personal view is that(a) the employee should be granted leave with salary for the entire period of hospitalisation (b) his probation period may be extended accordingly.
From India, Salem
For the sake of easy reference, let me briefly present a quick re-cap of the question and the answers as well given by the learned friends M/S Varghese Mathew, Ankit Chaturvedi and Adoni Suguresh:
Since the affected employee is a probationer and sanction of all admissible leave could only be done on pro-rata basis within the period of probation, how his request for sanction of leave with salary for the 15 days of confinement in the hospital for treating the injuries can be entertained is the gist of the question.
In nut-shell,whether he is entitled for salary/wages for the period of absence of 15 days due to hospitalisation immediately following the employment-accident.
Mr.Varghese's view is that if the period is treated as leave, he is entitled to only 25% of his monthly salary for the 15 days.
Mr.Chaturvedi is of the opinion that he could be granted ( what is otherwise called as Leave-not-due) Advance leave with full salary to be adjusted against his future leave.
Mr.Suguresh is of the opinion that he should be granted " Accident Leave" and in the case of exceeding 3 days, he shall be paid 15 days salary as compensation till he resumes duty.
And the last respondent has cited Sec.4(1)(d) of the Employees Compensation Act,1923 in support of the above view-points.
Sorry; I am afraid whether the learned respondents inadvertantly resorted to computation of compensation for the disability caused to the employee instead of his eligibility to ask for leave with salry/wages for the entire period of hospitalisation.The object and purpose of the E.C Act1923 is only to provide for compensation for the disability caused to the employee due to employment-accidents based on his loss of earning capacity.It is not concerned about any leave provision in this regard. The term disability is not used in the Act in its common meaning but only with reference to the loss of earning capacity caused by the employment-accident.Section 4 of the Act comes into play only on the resultant effect of the employment-accident with reference to the physical impairment or disability, its nature and extent.Sec.4(1)(d) is relating to half-monthly payment based on 25% of the monthly wages in case of temporary disablement.That's why provision for review u/s6 and commutatiton u/s7 are provided.
Therefore, my personal view is that(a) the employee should be granted leave with salary for the entire period of hospitalisation (b) his probation period may be extended accordingly.
From India, Salem
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