It is unfair to classify a carpenter as an unskilled worker; Carpentry is skilled work: Supreme Court

A carpenter cannot be considered an unskilled worker, the Supreme Court observed when ruling on an appeal to improve compensation for traffic accidents.

The case concerned a claim brought by a carpenter who lost his right hand following a car accident in 2014. With no documentary evidence of his income, the Court said it should be based on the notified minimum wages for skilled workers.

The Court rejected the argument that the minimum wages applicable to unskilled workers should be applied. A bank composed of Justice Sanjay Karol and Justice Manmohan observed:

“A carpenter is someone who uses wood and builds objects of daily use or beauty or, in certain countries, even homes. A normal person who is not trained in the craft certainly cannot perform these activities with the required level of precision. It would then be unfair to classify a carpenter as an unskilled worker.”

The court referred to the observations contained in the ruling State of Orissa v. Adwait Charan Mohanty 1995 Supp (1)SCC 470 which referred to the definition of “craftsman” as a person skilled in a trade, craft or art that requires manual dexterity. In that ruling, Carpenter was cited as an example of a craftsman. Furthermore, in Neeta v. Maharashtra SRTC (2015) 3 SCC 590 It was noted that carpentry is a skilled job.

Therefore, the Court applied the minimum wages for skilled workers prevailing during the relevant period issued by the Office of the Punjab Labor Commissioner.

The Supreme Court increased the compensation to Rs 15,91,625, as against Rs 8,26,000 fixed by the High Court. The Motor Accident Claims Tribunal had awarded Rs 6,83,982.

Case: KARAMJIT SINGH vs. AMANDEEP SINGH & ANR

Citation: 2024 LiveLaw (SC) 1058

Click here to read the order