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Sarvesh (others)     12 August 2012

Jurisdiction wrt disease..!!! death of worker

Dear Sir,

A techinician from Nellore(Andhra Pradesh) was working in a Chemical factory in Hyderabad.He was living in secundarabad & was commuting from secundarabad to hyderabad.The company transferred his services to a factory located outside India where he stayed & worked for 5 months.His services were again transferred to factory in Hyderabad.upon returning to India,he visited his home town Nellore where he suddenly fell ill and developed problems in Breathing,and took medicines for the same.He went bck to Secundarabad where he again took doctor's help & was admitted to hospital where he was found to have developed a severe Infection in Lungs due to a particular chemical he was exposed to while he was working out of India.the person expired due to same infection in a hospital in secundarabad.

The company had published a advisory/guideline for prevention with that chemical which was not adhered to by the management due to which the employee lost his life.the family members wish to file a case of negligence against them.Pls let us know if a criminal case can be registered against the company in Nellore & Courts there have Jurisdiction for hearing the offence(since infection occured out of india & The deceased being a native of nellore,his legal heirs living there,the disease being first discovered & treated there &  he was cremated there)?

Warm Regards

Sarvesh



Learning

 5 Replies

H. S. Thukral (Lawyer)     12 August 2012

prefer to file a calim under WC Act. You can file the claim before the commissioner in whose territorial jurisdiction the deceased was last  residing. ( supported by decision of AP High Court) You have to prove that the person died of occupational disease. 

Sarvesh (others)     12 August 2012

The worker expired due to sheer criminal negligence of the employer.how can we ignore thsi.We wish to teach the Company a lesson,the medical reports & evidence clearly points criminal negligence on part of employer.pls guide us SIr,If a Trail can be held in Nellore!!

Mahesh S IYer (Service)     13 August 2012

For the occupational disease a compliant has to be filed before the Factory Inspector/ DISH.

H. S. Thukral (Lawyer)     13 August 2012

In my opinion you can file a complaint under section 284/304A at Nellore itself, since death occured at that place. . 

Sarvesh (others)     16 August 2012

Dear Sir,

The company has agreed to pay compensation equal to workmen's compensation..

My Question is:

1-Can a Claim for damages be filed against the company after getting compensation?

2-Can a Case of Criminal Negligence be filed against the company after getting Compensation???

Pls reply back

warm regards

sarvesh


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