Compensation is the cash or non-cash benefits provided to a person for the injury caused to him. Under the law of torts, any person who suffered a legal injury due to the fault of another one can claim compensation for the injury or damage caused to him or his property.
Compensatory jurisprudence is a positive act that initiates the role of the judiciary to protect the right to life and dignity of a person who suffered due to another person. In the Constitution of India Article 32 confers the power to issue writ likes habeas corpus, certiorari, prohibition, quo warrato, mandamus to the Supreme Court of India. Part III of the constitution provides the right to move the Supreme Court to the citizens of India.
Compensatory jurisprudence fulfills three main perspectives:
1. It provides an additional type of social safety.
2. It acts like a welfare measure taken by the government to take care of the need for victim.
3. It is a way fulfilling overlooked obligation of the government to all the citizens.
In India compensation to a workman for the injury caused to him is mainly governed under Workmen Compensation Act 1923. It helps to estimate the compensation amount payable to the workers just in case of injury or death because of the task they perform. It also serves to shield the interests of even the employers, by laying down strict laws which define the events affecting the liability of the corporate. It helps to shield the employer from unnecessary lawsuits and claims made by the worker.
Section 14 of the Minimum Wages Act 1948, also speaks regarding the compensation. It says that where an employee, whose minimum rates of wages is fixed under this Act by the hour, by the day or by such an extended wage-period as is also prescribed, works on any day in way over the amount of hours constituting a traditional working day, the employer shall pay him for each hour or for a part of an hour so worked in excess at the overtime rate fixed under this Act or under any law of the suitable Government for the nowadays operative whichever is higher.
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