MINISTER OF STATE(IC) FOR LABOUR AND EMPLOYMENT (SHRI BANDARU DATTATREYA)
(a) to (d): A statement is laid on the Table of the House.
STATEMENT REFERRED TO IN REPLY TO PART (a) TO (d) OF LOK SABHA STARRED QUESTION NO. 212 FOR ANSWER ON 08.12.2014 REGARDING COMPENSATION TO WORKERS ASKED BY DR. A. SAMPATH.
(a): As per available data collected by Directorate General Factory Advice Service and Labour Institutes (DGFASLI) through correspondence with Chief Inspector of Factories (CIFs) of State Governments/ Union Territories, fatal injuries during last three years in factories registered under the Factories Act, 1948 are as under:
Year 2011 2012 2013 Number of fatal 1433 1383 1417 accidents
(b) to (d): The Employees’ Compensation Act, 1923 provides for payment of compensation to employees and their dependents in case of injury and accident (including certain occupational disease) arising out of and in the course of employment and resulting in disablement or death. The Act extends to the whole of India and implemented by the concerned State Governments. Payment of compensation under the provisions of Act is Employers’ liability. As per Section 4-A (1) of the Employees’ Compensation Act, 1923, the compensation shall be paid as soon as it falls due. Section 4-A (2) states that in case where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts, and such payment shall be deposited with Commissioner or made to the employee, as the case may be, without prejudice to the right of the employee to make any further claim. Further, Section 4-A(3) states that where any employer is in default in paying the compensation due under this Act within one month from the date it fell due, the Commissioner shall-
(i) Direct that the employer shall, in addition to the amount of arrears, pay simple interest thereon at the rate of twelve percent per annum or at such higher rate not exceeding the maximum of the lending rates of any scheduled bank as may be specified by the Central Government, by notification in the Official Gazette, on the amount due; and
(ii) If, in his opinion, there is no justification for the delay, direct that the employer shall, in addition to the amount of the arrears and interest thereon, pay a further sum not exceeding fifty percent of such amount by way of penalty.
Provided that an order for the payment of penalty shall not be passed under clause
(ii) above without giving a reasonable opportunity to the employer to show cause why it should not be passed.
The details of compensation paid to families of the victims are not centrally maintained. Download PDF Files
