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Report No. 62

3A.4. Comment on clause (b), second method.-

Where the employer had no regular employees, this first method of computation would not apply and for computing the workman's monthly wages, one must have regard to the words "or if there is no such workman so employed", and pass on to the second method provided in clause (b) under which 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 similar work in the same locality."

With reference to these words it has been observed judicially1 that-

"these words manifestly include wages from any source and any employer." It may be advisable to provide this explicitly.

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

Workmens Compensation Act, 1923 Back

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