Application of Workmen’s Compensation Act,1923 to Apprentices, Skilled Artisans and Trainees

An issue was raised by the Staff Side in DC/JCM vide their Item No.15/2004 in March 2004 in regard to treating the cases of injury to Trainee Artisans caused in the course of performing jobs as “Injury on duty”.

The matter has been considered in consultation with the Ministry of Labour and it is clarified that Workmen’s  Compensation Act would be applicable to the categories listed below:-

(i)                 Pre-working post trainee in case of compassionate ground appointee, against regular post;

(ii)               Pre-working post trainee in case of regular appointee through Railway Recruitment Board; and,

(iii)             Apprentices given training in Railways under Apprenticeship Act, 1961, where there is no condition of appointment on regular basis.

The persons as mentioned at S.No.(i) to (iii) above fall within the purview of ‘Workman” as per Schedule II of Workmen’s Compensation Act. A ”workman” means any person who is a Railway Servant as defined in {Clause 34 of Section II of Railway Act,1989} not permanently employed in any administrative, district or Sub-Divisional office of a railway and is not employed in any such capacity as is specified in Schedule II of the Workmen’s Compensation Act,1923..

This issues with the concurrence of the Finance Directorate of the Ministry of Railways.