Report of the Royal Commission on Labour in India

Bibliographic data

Monograph

Identifikator:: 1850495947

URN:: urn:nbn:de:zbw-retromon-233603

Document type:: Monograph

Title:: Report of the Royal Commission on Labour in India

Place of publication:: London

Publisher:: His Majesty's Stationery Off.

Year of publication:: 1931

Scope:: xviii, 580 S.; graph. Darst., Kt.

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XVI. - Workmen's compensation

Collection:: Economics Books

2306 CHAPTER XVI. compensation for permanent total disablement to minors should be equivalent to 84 months’ wages. Provision for an increase at the age of 15 years in the rate of compensation to minors temporarily disabled will no longer be required, and it is unnecessary to repeat in sections 4 (I) A (9)and 1 (I) B (3) of the Act maxima which are determined by Schedule TV. Waiting Period. Under the Act, as it stands at present, no compensation is given for the first ten days of temporary disablement. This is an unusually long waiting period, and numerous suggestions have been made that compensation should be given for part or the whole of it, either to those whose disablement lasts for more than 10 days or to those disabled for shorter periods, cx to both. The argument against a reduction of the period for the benefit, of those who are disabled for less than 10 days is that it would result in a very large increase in the number of possible claims, in each of which the amount of compensation would be trifling. The argument against reducing the period for those who are disabled for longer periods than 10 days (.e., for what is known as ““ dating-back ”’) is that it has led elsewhere to malingering, and some of those competent to judge fear that it would have the same effect in India. This danger could be minimised by adopting a system of graduated dating-back, such as has been suggested by one or two witnesses, but if the wait- ing period is to be reduced, it is preferable that it should continue to be governed by a provision easily intelligible and simple in working. While the fact that, under our proposals, the most poorly paid workmen receive full wages when temporarily disabled necessitates caution, we think that, with the low standard of living prevalent in Indian industry and the consequently small resources of the Indian workman, the pre- sent period is unduly long. Following the advice of some of the most experienced witnesses, we recommend the reduction of the period from 10 davs to 7 in all cases. Excentions. In respect of the conditions governing the grant of compensa- tion, a considerable amount of criticism has been directed against the exceptions embodied in the second proviso to Section 3 (I) of the Act. These three exceptions operate to remove the liability of the employer to pay compensation when the accident is due to specific misconduct on the part of the workman, e.g., intoxication by drink or drugs, wilful disobedience to certain rules and orders and wilful removal of safety devices. In the case of a fatal accident, the hardship falls on those who had no responsibility for the misconduct. This last argument cannot be pressed far, for a man’s family benefit from his achievements and must ordinarily accept the consequences of his mistakes; but there are ad- ditional reasons for making the exceptions inapplicable to fatal accidents. Where a workman is killed, it is extremely difficult for dependents to rebut evidence that the accident was caused by the deceased’s misconduct. This is specially true where the employer’s defence is that the workman lisobeved a safety rule. e.q.. a rule against cleaning machinerv in motion.

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