TMI Blog2002 (12) TMI 651X X X X Extracts X X X X X X X X Extracts X X X X ..... hich is almost undisputed, would suffice. One Balakrishnan [hereinater referred to as 'the deceased employee]' was employed by the appellant [hereinafter referred to as 'the employer'] on and from 20th May 1987. He lost his life in an accident which was claimed to be arising out of and in the course of his employment with the employer. Respondent No.1 [hereinafter referred to as 'the claimant'] filed an application for compensation before the Commissioner for Workmen's Compensation, Trichy, under Workmen's Compensation Act, 1923 hereinafter referred to as 'the Compensation Act'. [The employer questioned the maintainability of the proceeding on the ground that Section 53 of the Act clearly bar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... even before an employee is registered for the purpose of insurance with the Corporation, the obligation of the employer to pay contribution is not wiped out. Reference was made to various provisions, more particularly to Rule 58(2)(b) of the Employees' State Insurance (Central) Rules, 1950 (in short the Rules) and Regulation (4) of the Employees' State Insurance (General) Regulations, 1950 [in short, 'the Regulations'.] Rule 58(2)(b) deals with a situation where 'employment injuries' are sustained before the commencement of the first benefit period. Merely because the contribution had not been paid by the time the employee died, that does not affect the liability of the Corporation. There is a statutory obligation to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espect of whom contributions are or were payable under this Act and who is, by reason thereof, entitled to any of the benefits provided by this Act. It is to be noted that the crucial expression in Section 2(14) of the Act is 'are or were payable'. It is the obligation of the employer to pay the contribution from the date the Act applies to the factory or the establishment. In 5.7. v. Harrisson Malayalam Pvt. Ltd., [1993] 4 S.C.C. 361, the stand of the employer that employees are not traceable or that there is dispute about their whereabouts does not do away with the employer's obligation to pay the contribution. In .5.7. Corporation v. Hotel Kalpaka International, [1993] 2 SCC 9, it was held that the employer cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... significant provision. For a person who becomes an employee for the first time within the meaning of the Act, the contribution period under Regulation (4) commences from the date of such employment from the contribution period current on that day and corresponding benefit period shall commence on the expiry of the period of nine months from the date of such employment. In cases where employment injuries results in death before the commencement of the first benefit period. Rule 58(2Xb)(ii) provides the method of computation of dependent benefit. It provides for computation of dependent benefits in the case of an employee dying as a result of employment injuries sustained before the first benefit period and before the expiry of the first wage ..... X X X X Extracts X X X X X X X X Extracts X X X X
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