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Section 76: Review of half-monthly payments

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
Section 75 All 163 Sections of Code on Social Security, 2020 Section 77

Legal Commentary & Landmark Judgments: Section 76

Section 76 of the Code empowers the Competent Authority to review half-monthly payments made during temporary disablement, authorizing increases, decreases, or terminations upon medical proof of changed physical condition.

  • Periodic Review of Temporary Disability Payments: Enables the employer or employee to apply for a review of half-monthly payments upon demonstrating a material change in the worker's medical condition.
  • Adjustment Based on Certified Medical Progress: Authorizes the Authority to reduce or terminate payments where the worker has fully recovered, or increase payments if the condition has deteriorated into permanent disability.
  • Evidentiary Requirement of Medical Re-Examination: Mandates that every review application must be supported by a certificate of medical re-examination issued by a qualified medical practitioner.
Key Landmark Precedents:
  • National Insurance Co. Ltd. v. Mubasir Ahmed (2007) 2 SCC 349: Supreme Court affirmed that temporary disablement payments are subject to ongoing medical evaluation to match actual earning capacity loss.
  • Oriental Insurance Co. Ltd. v. Siby George (2012) 12 SCC 540: Affirmed that statutory reviews ensure dynamic adjustment of disability relief during protracted rehabilitation.
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Affirmed that medical reassessments must adhere to rigorous clinical standards.
Courtroom Practice & Strategic Litigation Guidance:

If an injured worker receiving half-monthly payments returns to work or refuses to undergo scheduled physical therapy, file an immediate application for review under Section 76 accompanied by a medical specialist's fitness certificate to suspend half-monthly liabilities.

Section 75 All 163 Sections of Code on Social Security, 2020 Section 77