Case: Occupational Disease Diagnosed After Retirement

Facts of the Case:

• ‘A’ worked in an industry covered by state insurance and the Workmen’s Compensation Acts.
• He developed an occupational disease, but it was diagnosed only after his retirement.

Issue in the Case:

• What remedy is available for ‘A’ given that his occupational disease was diagnosed after retirement?

Principle:

• The Workmen’s Compensation Act, 1923 provides compensation for work-related injuries and occupational diseases.
• Sec. 3(2) of the Act considers contracting an occupational disease as an injury by accident, deemed to have arisen out of and in the course of employment.
• The Act specifies conditions under which compensation is payable for occupational diseases, including those diagnosed after retirement.
• Compensation is payable if the disease is specified in Schedule III of the Act and is peculiar to the employment, and if the workman served the employer for a continuous period.

Judgment:

• ‘A’ is entitled to compensation under the Workmen’s Compensation Act, 1923, even if his occupational disease was diagnosed after retirement.
• Sec. 3(2) of the Act deems contracting an occupational disease as an injury by accident, entitling the affected worker to compensation.
• Compensation is payable if the disease is listed in Schedule III of the Act and is peculiar to the employment in question.
• ‘A’ must meet the conditions specified in the Act, including having served the employer for a continuous period and the disease arising out of the employment.
• The employer is liable to pay compensation for occupational diseases diagnosed after retirement if they meet the criteria outlined in the Act.
• Therefore, ‘A’ has a remedy under the Workmen’s Compensation Act, 1923, for his occupational disease diagnosed after retirement, provided it meets the specified conditions.