Dear all,

Whether a workmen who is injured severely because of not following company safety rules and regulations can be punished?  Please provide me any SC or HC judgments regarding this issue.

VIJAY

Has it been proved that he was not following the Safety Rules or circumstances were beyond his control.

Also the Employer provided all the gadgets for upkeep of safety or not

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It was proved that the worker was not following the Safety Rules

Who proved it ,

Was training imparted to him

Are witnesses there to say he did not follow

Was he insured being employed in hazardous job

Is it NECESSARY TO INSURE SUCH EMPLOYEES WHO ARE ON HAZARDOUS JOBS

Several; questions to be answered

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It was proved beyond reasonable doubt in domestic enquiry by covering all the points mentioned by you. As a labour law practioner,  I know very well the procedure to be followed. I want to know only the judgments of HC and SC in this regard.

VIJAY

go to Sup Court /High Court Official Website and browse subjectwise , you will get catena of judgements

d/sir,

if any employee negligenty damage the company property or any thing in the plant premises he will be liable to bare damages. refer to the company certified standing orders act then we conduct domestic enquiry under the natural justice then we justify the same. 

regards

RAJESH KANTUBHUKTA

HR & ADMIN

Many aspects in this :-

                 (i) Negligence

                (ii) Overworked

                (iii) Compulsion to work for long hours

                (iv) Intentional

                (v) Unintentional

                (vi) Lack of concentration due to performing multliplicity of Work bestowed on him

                (vii) Bestowed on him extra work without his consent

                 (viii) The Domestic enquiry will be tilted towards the management

                (ix) History of service rendered by him

                (x) Was it first instance of loss caused due to him or many such instances before

                 (xi) Amount of Loss

                 (xii) his salary and his capacity to pay

                  (xiii) Due and fair opportunity given to him to defend

                 many more questions to be answered

                Were they discussed point by point , if raised , and conclusions given

Dear Vijayakumar,

Why do you need HC/SC judgment when misconduct is very clear on the part of the worker that goes against the company's set safety rules/methods?

Dear Sir,

We are going to punish a worker who is severly injured because of his own safety violations.  So we want to be clear, whether the injured workman can be punished?

VIJAY