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Section 17: Contracting out

The Workmen's Compensation Act, 1923State Act of Rajasthan · Act 8 of 1923

Any contract or agreement whether made before or after the commencement of this Act, whereby a workman relinquishes any right of compensation from the employer for personal injury arising out of or in the course of the employment, shall be null and void in so far as it purports to remove or reduce the liability of any person to pay compensation under this Act.

������������������������������������������ 1 The words “G.G. in C.” have successively been substituted by the A.O. 1937 and the A.O.

1950 to read as above.

2 The words “G.G. in C.” have successively been substituted by the A.O. 1937 and the A.O.

1950 to read as above.

Case Law � 16(3) The Workmen's Compensation Occupational Diseases (Punjab) Rules, 1964 Interference by High Court The interference of High Court with the order of recall on the ground of fraud by workman by Commissioner for Workmen’s Compensation unjustified both on fact and law; Roshan Deen v. Preeti Lal, AIR 2002 SC 33.

Legislative mandate cannot be bypassed in exercise of supervisory and extraordinary jurisdiction under article 227 of the Constitution The Legislative mandate to protect rights of workman cannot be bypassed in exercise of supervisory and extraordinary jurisdiction under article 227 of Constitution;

Roshan Deen v. Preeti Lal, (2002) 1 SCC 100.

Where this provision sits

ActThe Workmen's Compensation Act, 1923
Section17
Marginal noteContracting out
JurisdictionState of Rajasthan
StatusIn force as published by the source

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