It was strongly felt after World War I that universal peace based on social justice was essential. In order to achieve this, the International Labour Organization (ILO) was formed in 1919. In the first session of ILO held at Washington in 1919, India also participated as an original member. The role of ILO since its inception has been very significant in creating international standards of social insurance and in promotion of social security. There are many labour legislation which protects the employees from labour dispute and providing many benefits.

Among that regarding disablement benefit, The Employee state insurance Act,1948 and Employee Compensation Act ,1923 plays an predominant role.

This assignment would clearly explain about the comparative analysation of disablement benefit in the both Acts.

Concept Of Disablement:

• The concept of disablement is relevant under both the Employee Compensation Act to claim compensation and the Employee's State Insurance Act to claim disablement benefit. But it is to be noted that the term disablement has not been defined specifically under both the Acts.
   
• The Employee Compensation Act provides for partial and total disablement while the ESI Act provides for permanent total, permanent partial and temporary disablement.
   
• The expression disablement means loss of capacity to work or to move. Disablement which reduces the earning capacity of an employee. Injury caused to an employee by an accident resulting in the loss of earning capacity is technically called disablement.

Employee Compensation Act, 1923:
The main objective behind the implementation of the Employee Compensation Act, 1923 is to provide payment by employers to employees at their dependants the form of compensation for any loss or injuries suffered by employees in an accident or injuries causing either death or disablement of a person arising out of or during employment.

At the time of enactment this act was referred to as an Workmen Compensation Act,1923 but later on it was renamed as Employee Compensation Act,1923 on 18th January, 2010 the reason behind this is that now employees in clerical capacity are also entitled for compensation.[1]

Scope And Coverage Of The Act:

• The act extends to the whole of India and applies to any person � who is employed, otherwise than in a clerical capacity, in the railways, factories, mines, plantations, mechanically propelled vehicles, loading and unloading work on a ship, construction, maintenance and repairs of roads, bridges, etc, electricity generation, cinemas, catching or training of wild elephants, circus, and other hazardous occupation and employments specified in Schedule III to the Act[2].
   
• However, under subsection[3] (3) of section 2 of the Act, the state governments are empowered to extend the scope of the Act to any class of persons whose occupations are considered hazardous after giving three months' notice in the Official Gazette.
   
• The Workers Compensation Act, however, does not apply to members serving in the Armed Forces of the Indian Union, and employees covered under the provisions of the Employees' State Insurance Act, 1948 as disablement and dependants benefit are available under this Act.

Object Of The Employee Compensation Act:

• [4]The objective of the Act is, therefore, to impose an obligation upon employers to pay compensation to workers for accidents arising out of and in the course of employment in the business. The scheme of the Act is not to compensate the workman instead of wages, but to pay compensation for the injury sustained to him.
• As a result, there are situations where employees negotiate or justify their injury so that their jobs do not affect them. This conversation may include various modes of negotiation.

Types Of Disablement In Employee Compensation Act,1923:
Disablement under Employee Compensation Act may be classified as,

Total Disable:-[5]
It has been defined in sec.2 (l) of the Employee Compensation Act,1923. The total disablement may be of two kinds and they are:

• Temporary total disablement
• Permanent total disablement

Temporary Total Disablement:
In temporary total disablement the earning capacity of an employee is lost for a temporary period.

Permanent Total Disablement:
In permanent total disablement the earning capacity of the workmen is lost for all time or forever. The permanent total disablement shall be deemed to result from every injury specified in Part I of Schedule. Also, similarly total disablement shall result from any combination of injuries specified in Part II of Schedule I.

Also, where the aggregate percentage of loss of earning capacity, as specified in the said Part II, against these injuries amount to one hundred percent or more.

Partial Disablement:[6]
According to section 2(1)(g) of Employee Compensation Act,1923.It classified as:

• Temporary Partial Disablement
• Permanent Partial Disablement

Temporary Partial Disable:
The situation where the disablement is temporary in nature. Thus, the earning capacity reduces of an employee with such disablement. In the type of employment in which he was into at the time of the accident resultant to disablement.

Permanent Partial Disablement:
The permanent nature of the disablement. Therefore, the earning capacity of the employee reduces with such disablement in every employee. Which he was capable of undertaking at the time.

It has been expressly specified provided that every injury specified in Part II of Schedule I shall be deemed to result in permanent partial disablement. There are 48 injuries specified in part II of schedule I such as loss of one eye, without complications ,the other being normal, loss of thumb, etc..

Related Case Laws:

1. Calcutta Electric Supply Corp. v. HC Das:-[7]
   No compensation is granted for any physical disability unless there was loss of earning capacity. It is only in the case of scheduled injury that such loss is presumed. Where the injury is not scheduled injury, the loss of earning capacity must be proved.
    
2. General Manager.G.I.P ,Bombay v. Shankar:-[8]
   A railway employee working on a particular job, lost one eye and two teeth in a railway accident. He was declared unfit for that particular job by the Medical officer due to defect vision. But he was offered another job by the railway administration. He turned down the offer and made a claim for compensation on the basis of total disablement. It as held that he was entitled to compensation not on the basis of total but partial disablement.
    
3. V.Jayaraj v. T.P transport corporation limited:-[9]
   A conductor working in State owned transport corporation lost his hearing capacity during due to shock received by him in an accident in the bus in which he was working he climbed compensation under item 6 in part 1 of schedule one of the act the commissioner fixed the loss of earning capacity at 20% even though the medical certificate showed that there is 100% hearing loss on the right ear and 73.5 % hearing loss on the left ear hence the appeal was filed under section 30 of the act.

It was observed that fixing the loss of earning capacity at 20% by the commissioner cannot be upheld.

Amount Of Compensation: [10]
Section.4 of the Employee Compensation Act,1923 Provides Compensation for:

• Death
• Temporary total disablement
• Permanent total disablement
• Temporary Partial Disablement
• Permanent Partial Disablement

Section 4(a): Where death of a workman results from the injury: [11]
An amount equal to 50% of the monthly wages of the deceased workman multiplied by the relevant factor or an amount of, Rs. 1,20,000 whichever is more.

Section 4(b): Where permanent total disablement results from the injury:- [12]

An amount equal to 60% of the monthly wages of the injured workman multiplied by the relevant factor or an amount of Rs. 1,40,000, whichever is more.

Section 4(c) : Where permanent partial disablement results from the injury (injury listed in part II of schedule I):- [13]

The percentage of loss of earning capacity that such the percentage of compensation payable.

Section 4(d): Where temporary total/ partial disablement of a workman results from the injury:-[14] An amount equal to 25% of the monthly wages payable every half-month.

Section 4(1A) Compensation payable to an employee in respect of accident occurred outside India:[15]
Provides that notwithstanding anything contained in sub-section (1), while fixing the amount of compensation payable to a workman is respect of an accident occurred outside India, the Commissioner shall take into account the amount of compensation, if any, awarded to such workman in accordance with the law of the country in which the accident occurred and shall reduce the amount fixed by him by the amount of compensation awarded to the workman in accordance with the law of that country.

Section 5 Method of calculating compensation:-[16]

1. 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;
    
2. 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 a employee employed on the same work by the same employer, or, if there was no employee so employed, by a employee employed on similar work in the same locality
    
3. 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.

A period of service shall for the purposes of thissection, be deemed to be continuous which has not been interrupted by a period of absence from work exceeding 14 days.

Related Case Laws:

1. C.David vs. G.C.Mishra:-[17]
   It was held that loss of earning capacity in relation to non scheduled injuries has to be determined on the basis of evidence by the parties.
    
2. Kerela Minerals and metals ltd vs. Raman Nair :-[18]
   The court held that the loss in earning capacity has to be calculated in terms of the permanent partial disability to which the workman has been subjected to. It would not be by comparison between wages drawn by the workman from his employer before and after the incident.

Employee State Insurance Act,1948

• The Employees' State Insurance Act was enacted in 1948 with the object, as stated in its preamble, " to provide for certain benefits to employees in case of sickness, maternity and "employment injury" and to make provisions for certain other matters in relation thereto."
• The scheme was introduced as a compulsory state insurance scheme for the benefit of the workers working in Indian industries.
• The act introduced an integrated social insurance scheme covering health, maternity and accident insurance.

Scope And Coverage Of The Act:-[19]
The ESI scheme is applicable to all factories and other establishments as defined in the ESI Act with 10 or more persons (20 or more in some states) employed in such establishments. However, only those employees are covered under the ESI scheme whose monthly wages do not exceed Rs.21,000 (Rs.25,000 in the case of a person with a disability).

The applicability of the scheme is explained through a flow chart below:
The scheme under the ESI Act also applies to the following:

• Shops
• Restaurants
• Hotels
• Cinema theatre
• Road motor transport undertakings
• Newspaper establishments and undertakings
• Educational institutions
• Medical institutions
• Contract and casual employees of Municipal Corporations or Municipal Bodies.

It also applies to the following establishments under the Central Government employing 20 or more persons engaged in:

• Insurance business
• Non-Banking Financial Companies (NBFCs)
• Airport authorities
• Port trusts
• Warehousing establishment

Object Of The Employee State Insurance Act:
The object of the Act is to provide for certain benefit to employees in case of sickness , maternity and employment injury and to make provision for certain other matters in relation thereto. Whereas it is expedient to provide for certain benefits to employees in case of sickness , maternity and employment injury and to make provision for certain other matters in relation.

Benefits Under The Act: [20]
Section 46 of the Act describes all benefits that an injured employee can avail. It is important to note that a worker can avail these benefits in the course of employment only.

• The act provides for six types of benefit to insured workmen:
1. Sickness benefit
2. Maternity benefit
3. Disablement benefit
4. Dependent's benefit
5. Medical benefit
6. Funeral benefit
• Benefits are receivable during the benefit period, which is defined as follows:
  
  • Benefit period means such period, being not less than 25 but not more than 27 consecutive weeks or 6 consecutive months corresponding period as may be specified in the regulation framed under the act. For the first benefit period, a shorter or longer period may be fixed.
  • So the Disablement benefit is one of the benefits under the Act.

Disablement Benefit:
Disablement under Employee State Insurance Act may be classified as

• An accident is an unfortunate occurrence resulting in cessation of work by worker or a group of workers.
• The ESI scheme provides for benefits to be paid to workers who sustain employment injury and defined under the provision of the Act.
• Periodical payment to an insured person suffering from disablement as a result of an employment injury sustained as an employee under this Act certified to be eligible for such payments by an authority specified in this behalf by regulations , is referred to as the disablement benefit.

Temporary And Permanent Disablement:[21]
Section 51 of the Act provides for disablement benefit in case of temporary and permanent disablement. It makes provision for the disablement benefit in contingencies and they are:

• Where a person sustains temporary disablement for or less than three days excluding the day of accident.
• Where a person sustains permanent disablement, whether total or partial.

The central government has been empowered to prescribe rates, periods and conditions subject to which such benefit shall be payable. Permanent total disablement:

• Permanent total disablement means such disablement of a permanent nature as in capacitate an employee for all work which he was capable of performing at the time of the accident resulting in such disablement.
• Thus when an employee sustains injury and became incapable permanently to perform their duties which he was capable to perform at the time of the accident, he is said to be in the working condition of permanent total disablement.
• Provided that permanent total disablement shall be deemed to result from every injury specified in Part I of the Second schedule or from any combination of injuries specified in Part II thereof, where the aggregate percentage of loss of earning capacity as specified in the said Part II against those injuries amounts to 100% or more.

Essence For Permanent Disablement:

• The employee became permanently incapable to perform duties
• There is a loss of earning capacity totally, that is, the loss of earning capacity amounts to 100% or more
• It reduces the earning of an employee in every employment which he was capable of undertaking at the time of the accident
• The accident by which such an injury has been sustained by an employee has arisen out of and in the course of this employment.
• It would be worth mentioning that the injuries specified in Part I of the Second schedule or deemed to result in permanent total disablement. Some of the specified injuries are:
  • Loss of both hands
  • Loss of hand and a foot
  • Very severe facial disfigurement
  • Absolute deafness
• Any combination of injuries specified in Part 2 of the second schedule shall also be deemed to result in permanent total disablement where the aggregate percentage of loss of earning capacity amounts to 100% or more.

For example:

Disablement	Loss Of Earning Capacity
Loss of a hand or of the thumb and four fingers of one hand or amputation from 11.43 c.m. below tip of olecranon	60%
Amputation through shoulder joint	90%
Total loss of earning	150%

So based on the above example we may clearly says that these injuries result into permanent total disablement.

Permanent partial disablement:

• It means such disablement of permanent nature, as reduces earning capacity of an employee in every employment which he was capable of undertaking at the time of the accident resulting in the disablement.
• It is further provided that every injury specified in Part II of the Second schedule shall be deemed to result in permanent partial disablement.
• Whereas in permanent partial disablement there is a loss of earning capacity below one hundred percent.

Temporary disablement:

• It means a condition resulting from an employment injury which requires medical treatment and renders an employee, as a result of such injury temporary in capable of doing the work which he was doing prior
• It makes clear that in temporary disablement employee being incapable to work or perform his duties of a limited period which he was doing before the injury.
• For temporary disablement at full rate if the disablement continues for not less than three days excluding the day of accident.

Sec.51-A, 51-B,51-C,51-D of the Act deals with certain presumptions regarding the accidents which arisen in the course of employment.

Presumption As To Accident Arising Incourse Of Employment: [22]

• It deals with sec.51A of the Act.
• An accident arising in the course of an insured person's employment shall be presumed in the absence of evidence to the contrary, also to have arisen out of that employment.

Accidents Happening While Acting In Breach Of Regulation, Etc:- [23]

• It deals with sec.51B of the Act.
• He is at the time of the accident acting in contravention of the provision of any law applicable to him,
• He is acting in contravention of any orders given by or on behalf of his employer,
• That he is acting without instruction from his employer,

As a matter of fact, any person who act in contravention with the statutory provisions or instructions or orders given by the employer in connection with the conduct of trade or business cannot claim damages from the employer,

But the special protections have been given to employees under this Act as indicated above and in all these aforesaid circumstances an employee can claim benefits under this Act.

Accidents Happening While Traveling In Employer's Transport: [24]

1. It deals with Sec.51C of the Act.
2. An accident while the employee was traveling in the employer's transport either with his express or implied permission is presumed to arise out of and in the course of employment if,
• The accident would have been deemed so to have arisen had he not been under such obligation and
• At the time of the accident, the vehicle was being operated by and on behalf of the employer or some other person by whom it is provided under a contract with the employer or the vehicle was not being operated in the ordinary course of public transport service.

Accidents Happening While Meeting Emergency: [25]
An accident happened to an insured person in or about any premises at which he is for the time being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of his employment , if it happens while he is taking steps, on an actual or supposed emergency at those premises , to rescue ,succor, or protect persons who are or are thought to be or possibly to be injured or imperilled or to avert or minimise serious damage to property.

Assessment Of Disablement Benefit:

• The rate may be decided by the medical board, medical appeal tribunal ESI court.
• As the case may be the medical board medical appeal tribunal ESI court can decide the disablement benefit by the less to earning capacity of an insured person resulting from an employment injury suffered by him

Determining extent of disablement benefit to which such person benefits entitled under this act.

Determination Of Entitlement Of Benefit Under This Esi Act:

• The insurance court itself has to decide whether the injured workmen was entitled whether employees state insurance act and also as to the amount and duration thereof.
   
• There is no provision in the employee state insurance act obligate the insurance court to refer the matter to the medical board and close the application after making such a reference.

Related Case Laws:

1. Regional director, ESIC vs V. Rajesh lalibhai, [26]
   In this case the Gujarat high court has observed 30% disablement derived by the ESI court being based on loss of vision suffered by the workmen by such injury in this act itself 30% disability being prescribed and this it being not the subject never arbitrary assessment arrived at by the ESI court referring to the order of the ESI court it might also be noted that the ESI court had rightly pointed out that if the workmen had only problem of cataract then such problem could had reminded by the operation of cataract the difficulty in left eye would persist because he had received injury in left eye during the course of duty as the needed had damaged the eye of the workmen appeal dismissed.
    
2. Regional Director, Employees State Insurance Corporation VS S.Saravanan [27]
   In the instant case the E.SI, court has fixed the loss of earning capacity of the respondent at 25% merely stating that it has so fixed having regard to the nature of injury and the pain and suffering under gone by the respondent on account of the employment injury without reference to the evidence or material on record which indicate the percentage of consequential incapacity of the respondent for all work. Such fixation becomes unsustainable as the one based on no evidence or material.

Comparison Of Disablement Benefits Under Both Act:

Employee compensation Act, 1923	Employee state insurance Act,1948
The main objective is to provide payment by employers to employees at their depandants in the form of compensation for any loss or injury	The object is to provide social insurance scheme covering health Maternity and accident insurance
The act extends to the whole of India and applies to any person  who is employed, in the railways, factories, mines, plantations, etc and other hazardous occupations and employments specified in Schedule III to the Act.	The ESI scheme is applicable to all factories and other establishments as defined in the ESI Act with 10 or more persons (20 or more in some states) employed in such establishments. However, only those employees are covered under the ESI scheme whose monthly wages do not exceed Rs.21,000 (Rs.25,000 in the case of a person with a disability).
Compensation will be provided based on the sec.4 of the Employee compensation Act,1923.	Assessment will be based on the medical bard, tribunal, or ESI court.
As per sec.30 of the Act appeal can be filed in hig court based on the orders of the commissioner.	As per sec. 54A(2)[28] of the Act  Appeal can be filed to appellate tribunal with in 3 months and the second appeal is preferable in Employees Insurance court in a prescribed time.

Is An Employee Is Eligible For Getting Benefit In Both Acts?
SEC: 53 under the Employees State Insurance Act, 1948 read as: [29]
Bar against receiving or recovery of compensation or damages under any other law:
An insured person or his dependants shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the Workmen's Compensation Act, 1923 or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this Act.

SEC: 61 under the ESIC Act read as: [30]
Bar of benefits under other enactments:
When a person is entitled to any of the benefits provided by this Act, he shall not be entitled to receive any similar benefit admissible under the provisions of any other enactment.

Hence based on the above provision an employee cannot get benefit from the both Acts.

Social Security Code, 2020: [31]

• The security code of India talks not only about the insurance premium payment system but also duties and obligations of an employer towards its employees.
• The Code on Social Security, 2020 has replaced nine laws which was there prevalent for the benefit of the employees of the country at large.
• The Ministry of Labour and Employment has published and implemented all the codes by the end of 2020.
• A huge amount of the Indian population is a part of the unsettled sector and might not have access to all the schemes mentioned above but people working in the organized sector and their employers are covered are the mentioned schemes:
  
  • Disability Benefit
  • Gratuity
  • Maternity Benefit
  • Pension

Health Insurance and Medical Benefit
According to the previous acts, the employer was supposed to pay or compensate the employees and their families in case of any sort of injury which has concluded in death or disability during the course of employment.

Also, workers doing work where there is a high chance of them contracting to a certain serious kind of a disease leading to a serious injury and in a partial or permanent complete disablement will be compensated by the employer on the basis of the agreed terms between them. The amount of compensation depends on the occupational disability, i.e., whether it led to death or permanent total disability.

Benefits to the disabled workers:

• The term "permanent disablement" under the code that clearly states that it refers to such a disablement which is of a form that lessens money gaining capacity of an individual and it occurs when that person is doing an activity during the course of the employment.
   
• The term "permanent total disablement" refers to a disablement of a permanent nature whereas "temporary disablement"[32] refers to a disablement of a temporary nature requiring treatment.
   
• The Central government is given the power to frame schemes for disabled persons.[33] The insurance scheme can also be extended for the disabled persons (disablement benefit)[34]
   
• The Corporation should take measures to ensure that proper health facilities are provided to people[35].
• Any doubt or question related to disablement should be referred to the 'medical board' and should be termed as 'disablement question' and are referred by the Corporation[36].

No one is entitled for any disablement gain for temporary disablement if on that day he goes for his job or remains on holiday or on a leave or on a strike.

The person on receiving disablement benefit should carry on with the instructions of the medical officer. The person should not perform such things that could prejudice his or her recovery and should not go away from the area of medical treatment.

He should give himself to be treated by the medical officer. Also, he cannot receive sick benefits and disablement benefits at the same time. If the person dies during the course of time then the person nominated by the deceased person will be given the benefits and the amount[37]

• If the employee is disentitled from the disablement benefits and the Corporation is satisfied that he should be paid such benefits, then the Corporation can take certain steps against the employee.
   
• Gratuity is given to a person after the expiration of his job for a term not less than 5 years due to disablement provided it should be considered by the Central government.[38] The day on which he got injured leading to temporary disablement would be included under the number of working days.
   
• In case of permanent disablement, a person will be getting 60% of the monthly wages and will not exceed the amount decided by the Government, and the percentage paid is equal to the loss of the earning capacity resulting from the injuries whereas in case of temporary disablement it results in 25% payment of the monthly payment.[39]
   
• In cases of permanent disablement, the amount could be paid in a lump sum as well[40].
   
• There need to be a notice given by the competent authority within two years from the date of occurrence of the incident, this should happen both in case of temporary and permanent disablement, the notice should be given to the employer without any delay.
   
• [41] In case of work abroad if the accident takes place while working in a ship or an aircraft then it's not important for any seamen or member of the crew to give any notice about the incident.[42]
   
• The nature and the duration of the injury should be reasonably deemed and should be importantly considered if the person has been periodically consulting a medical practitioner and the compensation should be payable accordingly.[43]
   
• In cases where the employer does not comply with the terms of the contract between the employer and the insurer, the contract becomes void or voidable, but this will not apply to the cases of disablement.[44]
   
• All sorts of questions related to the disablement, its duration, nature, and the amount of compensation to be paid should be decided by the Competent authority.[45]
   
• Both temporary and permanent disabled individuals are given benefits based on the injury caused and the earning that gets affected due to the disability caused because of the accident that took place during employment.
   
• Approximately 20% of the monthly wage is given to temporarily disabled people and 60% approximately is given to permanently disabled individuals. All this is to check by the medical officer and then notified to the government and the employer so that the benefits can be given to the individuals who have suffered or have got injured during the employment.

The provisions and the procedures to get the disability benefits have been properly defined under the Code keeping in mind that the rights of the workers and employees are not destroyed by the employers and they get compensated for the injuries caused to them during employment.

The Code on Social Security, 2020 has come up with a lot of schemes keeping in head the wellbeing of all sorts of employees being it an individual working in the settled sector or in the unsettled sector. The Code on Social Security, 2020 has also kept in mind the growth and development of the country at large along with the well-being of the employer and the employees as well. The Code on Social Security has sources for everyone the gig workers, home-made workers, self-employed workers, etc.

Conclusion:
A comparison of the relevant provisions of the two Acts makes it clear that both the Acts provide for compensation to a workman/employee for personal injury caused to him by accident arising out of and in the course of his employment. The only disadvantage, if at all it can be called a disadvantage, is that he will get compensation under the ESI Act by way of periodical payments and not in a lump sum as under the Workmen's Compensation Act. And yes meanwhile employee cannot get benefits from the both Act.

Case Laws:

• Calcutta Electric Supply Corporation Vs. H.C. Das, AIR 1968 (Cal) 278
• General Manager, G.I.P. Bombay Vs. Shankar, 1950 MP, HC
• V. Jayaraj Vs. T.P. Transport Corporation Limited, 1989 IILLJ 38 (Mad)
• C. David Vs. G.C. Mishra, 1997 II LLJ 844 (Ori)
• Kerala Minerals and Metals Ltd Vs. Raman Nair, 1998 I LLJ 933 (Ker)
• Regional Director, ESIC Vs. V. Rajesh Lalibhai, 2013 (139) FLR 513 (Kuj)
• Regional Director, Employees State Insurance Corporation Vs. S. Saravanan, 1990 (60) FLR 165, 63

Bibliography:

1. Labour and Industrial Laws - Dr. V. G. Goswami
2. Labour and Industrial Laws - S.N. Misra
3. Labour and Industrial Laws - K.M. Pillai

Webliography:

1. https://blog.ipleaders.in/employees-state-insurance-act-1948/#Disablement_Benefits
2. https://www.esic.gov.in/temporary-disablement-benefit
3. https://www.vskills.in/certification/tutorial/disablement-of-employees
4. https://articles.manupatra.com/article-details/Benefits-for-Disabled-workers-under-Social-Security-Code-2020
5. https://www.srdlawnotes.com/2017/11/the-welfare-and-safety-provisions-of.html
6. https://www.thekeepitsimple.com/types-of-disablement-in-workmen-compensation-act/
7. https://www.betterplace.co.in/blog/worksmen-compensation-act/
8. https://www.gsis.gov.ph/active-members/benefits/employees-compensation/
9. https://www.legalserviceindia.com/legal/article-5297-basics-of-employee-s-compensation-act-1923.html
10. https://www.toppr.com/guides/fundamentals-of-laws-and-ethics/employees-state-insurance-act-1948/esi-benefits/
11. https://blog.ipleaders.in/employees-state-insurance-act-1948/#Disablement_Benefits
12. https://www.legalserviceindia.com/legal/article-182-the-role-of-employees-state-insurance-corporation-in-securing-social-security.html
13. https://indianlegalsolution.com/employees-state-insurance-act-1948-overview/
14. https://www.vskills.in/certification/tutorial/disablement-of-employees/
15. https://theindianlaw.in/disablement-under-employees-compensation-act-1923/
16. https://lawgist.in/employees-compensation-act/5

End-Notes:

1. The Employee's Compensation (Amendment) Act, 2017 No. 11 of 2017 https://labour.gov.in/sites/default/files/employeescompensationamendmentact2017.pdf
2. Employee Compensation Act, 1923 Schedule III
3. Employees Compensation Act, 1923, Section 2(3)
4. Annexed to the bill which became Act VIII of 1923
5. Employee Compensation Act, 1923 Section 2(1)
6. Employee Compensation Act, 1923 Section 2(1)(g)
7. Calcutta Electric Supply ... vs Habul Chandra Das on 14 July, 1967
   Equivalent citations: AIR 1968 Cal 278
8. General Manager Of The G.I.P. Rly. v. Shankar
   Madhya Pradesh High Court
   Feb 23, 1950
9. V. Jayaraj vs Thanthai Periyar Transport ... on 25 August, 1987
   Equivalent citations: (1989) IILLJ 38 Mad
10. Sec.4 of the Employee Compensation Act, 1923
11. Sec.4(a) of the Employee Compensation Act, 1923
12. Sec.4(b) of the Employee Compensation Act, 1923
13. Sec.4(c) of the Employee Compensation Act, 1923
14. Sec.4(d) of the Employee Compensation Act, 1923
15. Sec.4(1A) of the Employee Compensation Act, 1923
16. Sec.5 of the Employee Compensation Act, 1923
17. 1997 II LLJ 844 Ori
18. 1998 I LLJ 933 (ker)
19. Sec.1 of the Employee State Insurance Act 1948
20. Sec.46 of the Employee State Insurance Act, 1948
21. Sec.51 of the Employee State Insurance Act, 1948
22. Sec.51A of the Employee State Insurance Act, 1948
23. Sec.51B of the Employee State Insurance Act, 1948
24. Sec.51C of the Employee State Insurance Act, 1948
25. Sc.51D of the Employee State Insurance Act
26. 2013 (139) FLR 513 (kuj)
27. 1990 (60), FLR.165 63
28. Sec.54A(2) OF THE EMPLOYEE STATE INSURANCE ACT, 1948
29. SEC.53 of the Employee State Insurance Act, 1948
30. Sec 61 of the Employee State Insurance Act, 1948
31. Social Security Code 2020
32. Section 1 (83), Code on Social Security, 2020
33. Section 15 (1) (b) (i), Code on Social Security, 2020
34. Section 26 (k), Code on Social Security, 2020
35. Section 33, Code on Social Security, 2020
36. Section 37, Code on Social Security, 2020
37. Section 41, Code on Social Security, 2020
38. Section 53, Code on Social Security, 2020
39. Section 76, Code on Social Security, 2020
40. Section 79, Code on Social Security, 2020
41. Section 82, Code on Social Security, 2020.2020
42. Section 83, Code on Social Security, 2020
43. Section 84, Code on Social Security, 2020
44. Section 87, Code on Social Security, 2020
45. Section 90, Code on Social Security, 2020

Written By: Sandiya Selvaraj, LLM Scholar, Government Law College, Tiruchirappalli.