The question (12 marks)
Explain the concept of employment injury under the Employees' State Insurance Act, 1948 and the benefits available to an insured person. Who is liable to pay the contributions, and what is the effect of the Act on an injured worker's other remedies? (12 marks)
MU Module III, Employees' State Insurance Act 1948, employment injury, contributions and benefits; pack ch. 03 §§2, 4 and 5.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Employees' State Insurance and Maternity Benefit of Labour Law and Industrial Relations – II.
Authorities you will need
- Employees' State Insurance Act 1948, ss. 2(8), 2(13) and 2(17)
- Employees' State Insurance Act 1948, ss. 51A, 51B, 51C and 51D
- Employees' State Insurance Act 1948, s. 53
- Employees' State Insurance Act 1948, s. 46(1) with ss. 49, 50, 51, 52 and 56 to 59A
- Employees' State Insurance Act 1948, ss. 38, 39(1)
- Employees' State Insurance Act 1948, ss. 40 and 41
- Employees' State Insurance Act 1948, ss. 72, 73 and 85
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.