Section 75: Method of calculating monthly wages

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VII: Employee's Compensation
Competent Labour Forum
Act No. 36 of 2020

Legal Commentary & Landmark Judgments: Section 75

Section 75 of the Code prescribes the statutory method of calculating monthly wages for the purpose of computing employee compensation under Chapter VII, defining continuous service and deemed wage averages.

  • Calculation of Monthly Wage Base: Specifies that monthly wages shall be calculated on the basis of the average earnings of the worker over the twelve months immediately preceding the accident.
  • Imputed Wages for Short Service Tenure: Provides that where the employee worked for less than one month, the monthly wage shall be calculated by reference to the average wages of a peer worker in the same grade and establishment.
  • Statutory Wage Cap Adjustments: Applies the maximum monthly wage ceiling notified by the Central Government for compensation calculation, ensuring predictable actuarial liability.
Key Landmark Precedents:
  • K. Sivaraman v. P. Sathishkumar (2020) 4 SCC 594: Supreme Court held that the notified statutory wage ceiling applicable on the date of the accident governs the compensation calculation and cannot be applied retrospectively.
  • Oriental Insurance Co. Ltd. v. Mohd. Nasir (2009) 6 SCC 280: Supreme Court affirmed that wage determination must be grounded in credible documentary proof of earnings rather than speculative assertions.
  • Mackinnon Mackenzie & Co. v. I.M. Issak (1969) 2 SCC 607: Affirmed that monthly wage calculations must be completed objectively according to statutory rules.
Courtroom Practice & Strategic Litigation Guidance:

In compensation proceedings before the Authority, submit certified twelve-month wage registers and PF/ESIC returns to establish the exact basic and DA earned; this prevents the Authority from imputing arbitrary or inflated peer wages.