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SURESHKUMAR.S (ADVOCATE)     05 February 2011

CLARIFICATION ON WORKMEN COMPENSATION ACT

Dear Experts,

Would like to post a question. 

A seaman died during the course of employment. As per the contract with the Employer , his dependants are entitled to get a particular compensation. For which , the employer is also ready to give the compensation. 

The other facts are; By virtue of the seaman designation, he becomes a member of ITF union (International Transport  Workers Federation ) and eventually there is a special agreement  between the Union and the concerened Shipping Company.-As per the special agreement,  interalia , every  such company's seaman is entitled to get compensation , as per the ITF Standard Collective Agreement.

The moot question is; Whether the dependants of seaman are entitled to get the compensation as per ITF special agreement,  in addition to the contractual compensation  made with the Employer under Workmen's Compensation Act? If any judgements available,plz kindly enlight the legal position. 



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