ESIC VS WCA
Rohit
(Querist) 18 December 2010
This query is : Resolved
HI
i have heard that Workmen compensation is not applicable where ESIC is applicbale
On perusal of the act, it was written that this act will not be applicable to teh factories act wherein ESIC is applicable
so it clearly means that it is applicable for establishment which are not factories wherein ESIC is there, correct me if i am wrong
and plz point out any clause, judgement, example you ahve to prove me wrong, i will be very greatful to you
thanks
Jacob Pratap
(Expert) 19 December 2010
You say: "On perusal of the act, it was written that this act will not be applicable to teh factories act wherein ESIC is applicable" It will enrich our knowledge if you can quote the relevant section of the Act from which you are quoting above lines.
Nevertheless, S.53 of the ESI Act is the answer to your question. This section reads as under:-
“53. Bar against receiving or recovery of compensation or damages under any
other law:— An insured person or his dependents shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the Workmen's Compensation Act, 1923 or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this Act.”
