1.
Tort and Laws Relating to
Workplace
CONSTITUTION OF INDIA
PRSENTATION BY • SANJAY SINGH

2.
Agendas
▪ Meaning of Tort ?
▪ Classification of Tort
▪ Legal Remedies in Tort
▪ Types of Remedies in Tort
▪ Laws Relating to workplace

3.
Meaning of Tort ?
▪ The word ‘tort’ is derived from Latin word
‘tortum’, meaning “wrong”.
▪ A tort is not a crime. Tort is an act of civil
offence committed against a person that
results in injury, harm or loss.
▪ Section 2(m) of the Limitation Act, 1963,
addresses tort as a civil wrong which is not
merely a breach of contract or breach of
trust.

4.
Classification of Tort
1. Intentional Tort:
This type of tort occurs when one person intentionally committed a
wrong that caused harm to another person. The main difference with
intentional tort is the need to demonstrate that the defendant
committed the tort on purpose. Intentional tort includes the following:
 Battery
 Assault
 Trespass
 Defamation
 False Imprisonment

5.
Classification of Tort
2. Unintentional Tort:
An unintentional tort is a type of unintended accident that leads to
injury, property damage, or financial loss.
In the event of an unintentional tort, the person who caused the
accident did so inadvertently and typically because they were not being
careful. These are usually committed on the breach of duty of care
which a reasonable human being would have considered under normal
circumstances.
Negligence (failure to take proper care over something) is a great
example of this kind of tort.

6.
Classification of Tort
 Negligence:
Negligence is a civil tort which occurs when a person breaches his duty
of care which he owed to another due to which that other person
suffers some hard or undergoes some legal injury.
In layman's terms, Negligence can be explained as the failure of
discharge to do something due to careless behaviour.
 Car/Motorcycle Accidents
 Slip or Fall
 Medical Malpractice

7.
Examples of Negligence

8.
Classification of Tort
3. Strict Liability Tort:
In strict liability tort cases, the focus shifts from the person or party to
the act or event itself.
In other words, strict liability cases do not even take into account the
intention or negligence of the wrongdoer. What matters is the action
and the resulting damage that happened.
 Product Liability
 Owning wild animals
 Extraordinarily Hazardous Activities

9.
Legal Remedies in Tort
▪ Legal Remedy a way of using the legal system to make sure that
someone's rights are not taken away from them.
▪ For instance, if something that belongs to you has been taken away
from you by a party, the court can either ask them to pay you back in
money, or ask them to return your belongings as they were, and may
also punish the party in some cases.
▪ Remedies in Tort Law are of 2 types:
 Judicial Remedies
 Extra-Judicial Remedies

10.
Type of Remedies in Tort
1. Judicial Remedies:
These are the remedies that the courts of law provide to an aggrieved
party. Judicial remedies in tort are of three main types:
Damages: Money compensation for loss or injury caused by the
wrongful act of another.
Injunction: A court order requiring a person to do or cease doing a
specific action
Specific Restitution of Property: The act of giving back to a person
something that was lost or stolen, or of paying them money for the
loss.

11.
Type of Remedies in Tort
2. Extra-Judicial Remedies:
If the injured party takes the law in their own hand (albeit lawfully), the
remedies are called extra-judicial remedies. These are of five main
types:
 Expulsion of trespasser
 Re-entry on land
 Re-caption of goods
 Abatement
 Distress Damage Feasant

12.
Laws Relating to Workplace
1. Factories Act, 1948:
Factory Act is a central legislation which came into existence in 1881.
It was extensively amended in the year 1948. The Factory Act 1948 is
more comprehensive than the previous act and focuses mainly on :
• Health(drinking water/cleanliness/lighting/temperature)
• Safety, welfare of the workers inside factories(first-aid appliances, rest
room/lunch rooms)
• Working hours(48 hours in a week), minimum age to work(14 years),
leave with pay etc.

13.
Laws Relating to Workplace
2. Industrial Employment Standing Orders Act, 1946:
It provides a framework for regulating conditions of employment in
certain industries. It applies to all factories, mines and other
establishments where 20 or more workmen are employed.
This Act ensure that all employees receive benefits such as:
• A minimum wage for every hour worked
• Payment of bonus at certain intervals during the year
• Provision of paid leaves, Overtime allowance

14.
Laws Relating to Workplace
3. Shops and Commercial Establishments Act:
The Shop and Commercial Establishment Act is regulated by the
Department of Labour.
This act not only regulates the working of commercial establishments
but also societies, charitable trusts, educational institutions run for gain
and premises in which banking, insurance, stock or share brokerage.
This act regulates areas such as working hours, rest interval for
employees, opening and closing hours, closed days, national and
religious holidays, overtime work, rules for employment of children,
annual leave, maternity leave, sickness and casual leave, etc.

15.
Laws Relating to Workplace
4. Contract Labour Regulation and Abolition Act 1970:
The main objective of this act is to prevent exploitation of contract
labour and also to introduce better condition for work. It is applicable to
every industry engaging 20 or more workers on the contract basis.
Pays the wages as fixed by the government
Provide drinking water, washing area, first-aid, separate urinals for
men and women
Provide canteen if employed workmen is more than 100
Provide rest room for workers working at night

16.
Laws Relating to Workplace
5. The Employee’s Compensation Act 1923:
Employees or Worker’s Compensation Act, 1923 is one of the most
important social security law.
The act’s main aim is to provide financial protection to employees and
their dependents through compensation in case of any accidental injury
occurs during the course employment.
It is generally applicable to the cases where such incidents lead to either
death or disablement of the worker.
In case of any injury which does not result in death and permanent total
disablement, employer do not have to pay if at the time of work the
workman drink or drugs or disobey the rule which ensure there safety.

17.
Laws Relating to Workplace
6. Weekly Holiday Act, 1942:
The Weekly Holidays Act, 1942, aims to grant weekly holidays to persons
employed in shops, restaurants and theatres without any ‘deduction or
abatement’ of wages. The Act provides that every shop shall remain
entirely closed on one day of the week.
7. The Mines Act 1952:
The Mines Act, 1952 contains provisions for measures relating to the
health, safety, and welfare of workers in the coal, and oil mines. The
Mines Act provides that persons working in the mine should no be less
than 18 years of age and not more than 20 employees should be
employed on any one day.

18.
Thank You