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Shweta (Lawyer)     07 May 2009

Applicability of Workmens Compensation Act

Hi all

Can i know if ESI Act is applicable to a company (in this cas I.T. Company) is workmens compensation act  also applicable or is the the Company exempted


Adv. Shweta Pravbhu


 6 Replies

Madhurima .Nandimandalam (HR Associate)     07 May 2009

Hi Shweta ,

Workmens Compensation act is applicable even on applicablity of ESI . If any injury occurs in an establishment , if the employee is covered under ESI he can avail the insurance benefits from ESI else the employer compensates under the schedules of workmens compensation Act



H. S. Thukral (Lawyer)     07 May 2009

Section 61 of the ESI Act provides that  When a person is entitled to any of the benefits provided by this Act, he shall not be entitled to receive any similar benefit admissible under the provisions of any other enactment.
In view of above if an employee is covered under the ESI Act and becomes entitiled to a compensation in case of employment injury, he shall have to claim from ESI.


shraddha (employee)     08 May 2009

What is the procedure of getting covered in the ESI ACT for a power plant ?

mahesh pandey (Vice President)     09 May 2009

Dear Shewta,

When provisions of ESI Act is applicable 2 any company then W.C. Act w'll not be applicable.

I agree 2 views of Adv. Thukral.


mahesh pandey

mahesh pandey (Vice President)     09 May 2009

If the power plant is under ESI covrerage area  then provisions of the ESI Act w'll be applicable . Every Employee drawing a monthly salary / wages up to Rs. 10000/-  has 2 be brought under the ESI scheme.


mahesh pandey

Prashanth (HR Consultant)     13 January 2012

Hi Folks,


Thanks for the information provided. My doubt has cleared very well.

Thanks to Mr. Thukral Advocate.




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