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Report No. 62

3A.3. Comment on section 5, clause (b), first method.-

This finishes section 5(a). In order to arrive at a proper, fair and consistent computation of monthly wages, two alternative methods of computation are provided for in clause (b) which applies where the continuous employment under the employer was for less than a month. The first method in clause (b) applies where the continuous period of service was less than one month. Under this clause-

"the monthly wages of the workman shall be the average monthly amount which, during the twelve months immediately preceding the accident, was being earned by a workman employed on the same work by the same employer."

With reference to this clause it was observed in a Sind case1

"These words are not as explicit as they might be. The words 'continuous' and 'service' which find place in clauses (a) and (c) have been omitted." (e.g. they have been omitted in the computation part).

The clause could be made more explicit on this point.

1. Pestonji v. Asibai, AIR 1949 Sind 50 (53), para. 25.

Workmens Compensation Act, 1923 Back

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