Pragati Jain (Intern) 29 June 2015

Esic and workment compensation act

Greetings Members !

Could you Please suggest if an employee can claim the benefit of both ESIC and Workmen Compensation Act ?

Thanks in anticipation of a response.

Suri.Sravan Kumar (senior) 29 June 2015

He cannot claim both. Sec 53 of ESI Act bars him claiming comp under WC Act if he is covered under ESI Act.

Pragati Jain (Intern) 29 June 2015

Thank You Sir.

Kumar Doab (FIN) 29 June 2015

Supreme Court of India has awarded to keep the Payment under Employee Compensation Act of a deceased employee covered by ESI in an interesting case:

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.8155 OF 2014

Dhropadabai and Others

Appellant(s)

Versus

M/s. Technocraft Toolings

Respondent(s)

https://supremecourtofindia.nic.in/FileServer/2015-03-25_1427268447.pdf