Applicability of An Act

Chandan Garg (Querist) 13 August 2008 This query is : Resolved
Please tell if in an industry ESI is applicable does that mean workman compensation act is not applicable.

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Manish Singh (Expert) 13 August 2008
workmen compensation act has its diffrent sphere and scope and both will be applicableto a workmen.

H. S. Thukral (Expert) 13 August 2008
Dear Manish
In my opinion if a workman claims under ESI he can not claim under WCA. Kindly check up and confirm. Section 53 ESI Act ( Supreme Court in A Trehan v Associated Electrical)

Manish Singh (Expert) 18 August 2008
Dear Sir,
Tahnks for providing me the judgment.
I will check it up and get back to you.
Thanks again.

Manish Singh (Expert) 18 August 2008
Dear Sir,
I am regretful for providing the answer with no relevancy and I am very thankful to you for rectifying the same.

Yes, there is a specific bar under esi act to any other remedy even from any other person for inuries under or the course of the employment.
Thanks a lot,Sir.

Chandan Garg (Querist) 21 August 2008

if some body have some more suggestion are welcom

Chandan Garg (Querist) 21 August 2008
thanks everbody

SANJAY DIXIT (Expert) 30 August 2008
Workmen Compensation is applicable where there is no ESI facilities or Hospital are not available.

ESI and Workmen Compention cannot be posted together.

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