CASE LAW REQUESTED BY HR PROFESSIONALS

Human Resources » Industrial Law & Discipline

	Message From: ajaylondhey	Total Posts: 5	Join Date: 07/03/2010
Rank: Beginner	Post Date: 27/03/2010 15:19:02	Points: 25	Location: India

Dear HR Guys,

If any one is having any case law on following, please reply.

In one of the factory which is covered under Factory Act and having Valid Factory Licence there was an Fatal Accident of one of the worker who was employee of other factory and came for installation of Machine supplied by his factory.

Factory Inspector is registering the case against the factory owner / factory manager where the accident happened and treating that worker as worker of the first one where he met with an accident under the defination of worker under factories act. Also under section 7 -A a showcause notice is served to the them as the accident incurred in the premises of the factory where workman came for machine installation.

As there is clearly mentioned in Factory Act that Double Employement of any workman is strictly prohibitted and there was no Master and Servant relationship in this case. As also the compensation to the deceased family is paid by his employer in the court under Workman Compensation Act.

If any one has any case law in this regards please send me the details so that we can strongly put up our case infront of Factory Inspector.

Your early response will help us in sorting the mental harrasment from Industrial Health and safety deptt.

Ajay Londhey

Dy.Divisional Manager - HR

	Message From: sureshpalconsultant	Total Posts: 2	Join Date: 07/03/2010
Rank: Beginner	Post Date: 09/04/2010 13:23:56	Points: 10	Location: India

Hi,
First we have to see that whether the factory is covered under ESI Act or not?
Secondly a person who had come for installation is eligible employee under the ESI Act or not?
If factory is covered under ESI Act and the person who had come for the installation is Insured Person under ESI Act, No case can be filed under Workmen Compensation Act.
You can be also out of the WCA if your Factory covered under ESI Act, you have to pay the ESI on the Jobwork bill for installation and show that employee as a contractor's employee and fill the Form 86 under ESIC.

For more details please write.

Suresh Pal

	Message From: ajaylondhey	Total Posts: 5	Join Date: 07/03/2010
Rank: Beginner	Post Date: 13/04/2010 17:56:13	Points: 25	Location: India

Here I am not asking about who has to pay compensation, the case law is requested for defending an employer who does not have any direct control over the contracter employee who came for machine errection work, like in domestic cases we call a representative for repair of fridge from the company and if he meets with fatal accident in our home whether we shall be held responsible.Of course no? because he is employee of some agency or contractor or manufacturer and came to resolve defects in the material supplied by the manufacturer to the customer.

Same is the case which I have enquired from all HR professionals if any one has came across such conditions or read any case law please let me know.

Ajay Londhey