Format of notice
Adv Digamber Dalve
(Querist) 11 September 2011
This query is : Resolved
Dear Friends Plese paste a copy of format of notice under workmen's compensation act for claiming compensaion.
Sailesh Kumar Shah
(Expert) 11 September 2011
For Claiming Compensation, you should follow procedure as per Section 22 of the Workmen's Compensation Act, 1923.
Extract of Section 22:-
FORM OF APPLICATION. - (1) Where an accident occurs in respect of which liability to pay compensation under this Act arises, a claim for such compensation may, subject to the provisions of this Act, be made before the Commissioner.
(1A) Subject to the provisions of sub-section (1), no application for the settlement of any matter by a Commissioner, other than an application by a dependant or dependants for compensation shall be made unless and until some question has arisen between the parties in connection therewith which they have been unable to settle by agreement.
(2) An application to a Commissioner may be made in such form and shall be accompanied by such fee, if any, as may be prescribed, and shall contain, in addition to any particulars which may be prescribed, the following particulars, namely :- (a) a concise statement of the circumstances in which the application is made and the relief or order which the applicant claims;
(b) in the case of a claim for compensation against an employer, the date of service of notice of the accident on the employer and, if such notice has not been served or has not been served in due time, the reason for such omission;
(c) the names and addresses of the parties; and
(d) except in the case of an application by dependants for compensation a concise statement of the matters on which agreement has and of those on which agreement has not been come to.
(3) If the applicant is illiterate or for any other reason is unable to furnish the required information in writing; the application shall, if the applicant so desires, be prepared under the direction of the Commissioner.
prabhakar singh
(Expert) 11 September 2011
IT MAY LOOK LIKE FOLLOWING .HOWEVER IT WOULD BE AVAILABLE IN STATE RULES FRAMED APPLICABLE TO YOU:
Whereas a claim for compensation has been made by.............................
(applicant) against................................... and the said applicant has claimed that
he is entitled to file an application under clause (b) or (c) of section 21(1) of the
Workmen’s Compensation Act, 1923;
And whereas the undersigned is satisfied that the said applicant is entitled to
file the aforesaid claim;
Now, therefore, the Commissioner for Workmen’s Compensation
.................................. / Government of..............................is hereby given notice
that the undersigned proposes to settle the claim of the applicant as provided
under the Act.
Date................ Commissioner.
M/s. Y-not legal services
(Expert) 11 September 2011
Agree with mr.shailesh. Even i feel notice no need any specific formation under workmen compensation act. The aggrieved petitioner can send a notice very formally by stating the facts of his case.
K.S.Srinivas
(Expert) 11 September 2011
FORM 8
[See Rule 21]
Format of Application for Compensation by Workman
To
The Commissioner for Workmen’s Compensation.
.....................................................................................................
.....................................................................................................
.....................................................................................................
Residing at ....................................................................applicant
Versus
.....................................................................................................
.....................................................................................................
.....................................................................................................
Residing at...........................................................Opposite Party.
It is hereby submitted that–
(1) The applicant, a workman employed by the opposite party on the ......... day of .......19........... received personal injury by accident arising out of an in the course of his employment.
The cause of the injury was (here insert briefly in ordinary language the cause of the injury)
............................................................................
............................................................................
............................................................................
(2) The applicant sustained the following injuries, namely
............................................................................
............................................................................
............................................................................
(3) The monthly wages of the applicant amounted to Rs.................. the applicant is over/ under the age of 15 years..............................
(4) * (a) Notice of the accident was served on the
................... day of ...............
(b) Notice was served as soon as practicable.
(c) Notice of the acident was not served (in due time by reason of
.................................................................
(5) The applicant is accordingly entitled to receive–
(a) half monthly payment of Rs....................... from the........... day of ....... 19..... to........
(b) a lumpsum payment of.......................
(6) The applicant has taken the following steps to secure a settlement by agreement, namely
............................................................................
but it was proved impossible to settle the
questions in dispute because.................................
............................................................................
* You are therefore requested to determine the following questions in dispute namely–
(a) Whether the applicant is a workman within the meaning of the Act.
(b) Whether accident arose out of and in the course of the applicant’s employment
(c) Whether the amount of compensation claimed is due, or any part of that amount.
(d) Whether the opposite party is liable to pay such compensation as is due.
(e) etc., (as required).
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Date Applicant
Ajay Bansal
(Expert) 12 September 2011
For further knoledge,see Mogha's book on drafting.
