i) Under the Employees’ Compensation Act, the legal heirs of a deceased employee claiming compensation cannot be denied the statutory compensation in the event that the employer has failed to maintain documents with respect to quantum of wages, which were being paid to such deceased employee just before death.
ii) Under the same Act, the Courts have also held that “in the course of employment” means “in the course of work which the employee has been employed to do, as well as work incidental to it”. This phrase is important to determine an employer’s obligation to pay compensation to an injured or deceased employee under the Act.
iii) If an industry has become non-functional, then an order of reinstatement of workmen who had been unfairly dismissed defeats the purpose of justice, and they must instead be paid adequate compensation as specified in the Industrial Disputes Act.