Employer's Liability Act, 1938

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THE EMPLOYERS’ LIABILITY ACT, 1938 
 
 
 
CONTENTS 
1.  Short title and extent 
2.  Definitions 
3.  Defence of common employment barred in certain cases 
4.  Risk not to be deemed to have been assumed without full knowledge 
5.  Saving 
 
 
 
 
 

 
 
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THE EMPLOYERS’ LIABILITY ACT, 1938 
 1ACT NO. XXIV OF 1938 
 [24th September, 1938] 
 
An Act to declare that certain defences shall not be raised in suits for damages in 2[Pakistan] 
in respect of injuries sustained by workmen. 
 
WHEREAS it is expedient to declare that certain def ences shall not be raised in suits for 
damages in 2[Pakistan] in respect of injuries sustained by workmen ;  
 
It is hereby enacted as follows:___ 
 
1. Short title and extent.___ (1) This Act may be called the Employers’ Liability Act, 1938. 
2[(2) It extends to the whole of Pakistan.] 
2. Definitions. In this Act, unless there is anything repugnant in the subject or context,___ 
(a) “workman” means any person who has entered into, or works under a contract 
of service or apprenticeship with an employer whether by way of manual 
labour, clerical work or otherwise, and whether the contract is expressed or 
implied, oral or in writing; and 
 
(b) “employer” includes any body of persons whether incorporated or not, any 
managing agent of an employer, and the legal repres entatives of a deceased 
employer, and, where the services of a workman are temporarily lent or let on 
hire to another person by the person with whom the workman has entered in to 
a contract of service or apprenticeship, means such other person while the 
workman is working for him. 
 
 3. Defence of  common employment barred in certain cases.  Where personal injury is 
caused to a workman___ 
 
(a) by reason of the omission of the employer to maintain in good and safe 
condition any way, works, machin ery or plant co nnected with or used in his 
trade or business, or by reason of any like omission on the part of any person 
in the service of the employer who has been entrusted by the employer with 
the duty of seeing that such way, works, machinery or plant are in good an d 
safe condition ; or 
 
(b) by reason of the negligence of any person in the ser vice of the employer who 
has any superintendence entrusted to him, whilst in the ex ercise of such super-
intendence ; or 
_________________________________________________________________________________ 
1The Act has been applied to Baluchistan, see the Leased  Areas (Laws) Order, 1950 (G. G. O. 3 of 1950) ; and applied in the Federal Areas of 
Baluchistan, see Gazette of India, 1937, Pt. I, p. 1999 ; 
It has also been extended to ___ 
              (i) the Leased Area of Baluchistan, see the Leased (Laws) Order, 1950 (G. G. O. 3 of 1950) ; and applied in the Federal Areas of Baluchistan, see 
Gazette of India, 1937, Pt. I, p. 1499 ; 
    (ii) the Baluchistan States Union, see the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G. G. O. 4 of 1953), as amended ; 
    (iii) the Khairpur States, see Khairpur (Federal Laws) (Extension) Order, 1953 (G. G. O. 11 of 1953), as amended ; and 
    (iv) the State of Bahawalpur, see  the Bahawalpur (Extension of Federal Laws) Order, 1953 (G. G. O. 11 of 1953), as amended. 
The Act has been and shall be deemed to have been brought into force in Gwadur with effect from the 8 th September, 1958, by the Gwadur 
(Application of Central Laws) Ordinance 1960 (XXXVII of 1960), s. 2. 
2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. 
 
 
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 (c) by reason of the negligence of any person in the ser vice of the employer to 
whose orders or directions the workman at the time of the injury was bound to 
conform and did conform, where the injury resulted from his having so 
conformed ; or 
(d) by reason of any act or omission of any person in the service of the employer 
done or made in obedience to any rule or bye-law of the employer (not being a 
rule or bye -law which is required by or under any law for the time being in 
force to be approved by any authority and which has been so approved) or in 
obedience to particular instructions given by any person to whom  the 
employer has delegated authority in that behalf or in the normal performance 
of his duties ;  
 a suit for damages in respect of the injury instituted by the work man or by any 
person entitled in case of his death shall not fail by reason only of the f act that 
the workman was at the time of the injury a workman of, or in the service of, 
or engaged in the work of, the employer. 
 4. Risk not to be deemed to have been assumed without full knowledge.  In any such suit 
for damages, the workman shall not be de emed to have undertaken any risk attaching to the employ -
ment unless the employer proves that the risk was fully explained to and understood by the workman 
and that the workman voluntarily undertook the same. 
5. Saving. Nothing in this Act shall affect th e validity of any decree or order of a civil Court 
passed before the commencement of this Act in any such suit for damages. 
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Date: 24-09-2024