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Under the Employees Compensation Act, 1923, an employer is liable to pay compensation to his workmen for injuries sustained by them by an accident arising out of and in the course of employment.
According to the law of trade unions in India, no suit or other legal proceeding shall be maintainable in any civil court against any registered trade union or any officer or member thereof in respect of any act done in contemplation or in furtherance of a trade dispute.
Sec. 2 of the Industrial Disputes Act, 1947, ‘Industrial dispute means any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person’.
Facts: M, the Manager of SRK Industries asked his secretary S to submit a report at the Government Labour Office. ‘S’ submitted the report as directed. On his way back S met one of his class mates. He then decided to have a cup of tea together on a way side restaurant. Sometime later, ‘S’ got a message from his office to report back as it was long time since he left the office. ‘S’ rushed back on his Motor Cycle. On his way back a Truck which was coming from a side road hit ‘S’. He was admitted in a nearby hospital with multiple injuries. He claims compensation under the Employees Compensation Act from his employer.
The Employer is not liable as the truck driver was negligent.
The Employer is liable as S had to rush back to the office, because of the message from the office.
The Employer is liable to pay compensation as the accident took place arising out of and in the course of employment.
The Employer is not liable as he was admitted in a private hospital and not a Government Hospital.
By: Parvesh Mehta ProfileResourcesReport error
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