When is the employer not liable for payment of compensation to an empl

When is the employer not liable for payment of compensation to an employee ?

If personal injury is caused to an employee during the course of his employment

If the employee has contracted a disease specified as an occupational disease peculiar to that employment

If the injury resulting in partial disablement was caused by accident that happened due to the wilful disobedience of the employee to an order expressly given for the purpose of securing the safety of the employees

In respect of any injury which resulted in the partial disablement of the employee during the course of employment for more than three days

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UPSC CISF-AC-EXE – 2022

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An employer is generally not liable for payment of compensation if the injury, not resulting in death or permanent total disablement, was caused by an accident directly attributable to the wilful disobedience of the employee to an order expressly given for the purpose of securing the safety of the employee. Option C describes this scenario where the employer is not liable.

Section 3(1) of the Employees’ Compensation Act, 1923 (formerly Workmen’s Compensation Act, 1923) makes the employer liable for personal injury caused to an employee by accident arising out of and in the course of employment. However, the proviso to Section 3(1) lists exceptions where the employer is *not* liable. Clause (b)(iii) of this proviso states that the employer shall not be liable in respect of any injury, not resulting in death or permanent total disablement, caused by an accident which is directly attributable to the wilful disobedience of the employee to an order expressly given for the purpose of securing the safety of the employee. Option C fits this exception as it specifies partial disablement, meaning it didn’t result in death or permanent total disablement, allowing the exception for wilful disobedience to apply.

Option A describes the general rule of liability under Section 3(1). Option B refers to occupational diseases covered under Section 3(2) read with Schedule III, which also create employer liability. Option D describes disablement for more than three days, which is the condition that makes the employer liable; the exception under Section 3(1)(b)(i) applies only if the disablement is for three days or less.

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