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Rohit (Legal)     22 March 2012

Workmen compensation

Dear Respected Seniors and fellow Members,

Greetings of the day!

Need your advise on the case given below.

Summary------------------------------------------------

An employee of our organization was deputed with our client (principal employer) and during the course of his employment, he met with an accident while driving a vehicle on road which led to his hospitiliastion. He suffered greivous injury and was admitted to ESI Hospital. Over there he was treated and given all hte medical help he required. However, after some time our client ie principal employer did not give the salary coz the employee was hospitalised and hence our company consequently stopped submitting the contribution to ESIC.

As a result of the above, the employee was restrained from taking the treatment from ESIC and hence he had to take medical assistance from some pvt hospital and hence incurred substantial expenses on it. Now he through Labour Commissioner is demanding a mammoth amount of money as compensation from us.

Question----------

1 Is the employee justified in the claim he asked for?

2 Secondly, do we as immediate employer are liable to pay any compenation coz we did not get any amount from our client ie principal employer for esic contribution. if yes, or not then why so?

3 Is the employee justified in the claim as he was covered under ESIC and hence employee compensation cannot be invoked since as per ESIC, Employee compensation act is not applicable if ESIC is applicable.

4 if we or principal employer liable for any claim to be paid to the employee, on what basis we can reduce the amount asked by the employee

5 Can i get a judgement/case law to support our case

I would request all of my learned friends to answer teh query point by point if possible for u to bring a clear picture to this and also please feel free to raise any point in this case which i missed or any other input/ suggestion u have for this case

Thanks in Advance

Learner(Rohit)



Learning

 3 Replies


(Guest)

 

 

Plaintiff: The party who initiates a lawsuit by filing a complaint with the police or the court against the defendant(s) demanding damages, performance and/or court determination of rights.

 

Accuse: To charge formally with a wrongdoing to police or challenge in court against the accused.

 

Since nobody knew that Bhakti Naidu has stolen the mobile, there is no Accuser, Accused , Plaintiff - where you serve legal papers to the accused for appearing in court for proving the crime. She was using the stolen IDEA SIM, for calling two men, tracked by Pune Police Department.

 

First Information Report (FIR) is a written document prepared by the

police when they receive information about the commission of a offence. It is a report of information that reaches the police first in point of time and that is why

it is called the First Information Report. It is generally a complaint lodged with the police by the victim of a cognizable offence such as theft , or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally

The Judgment Information system consists of the Judgments of the Supreme court of India and several High Courts. In the case of the Supreme Court all reported Judgments which are published in SCR Journal, since its inception i.e. 1950 till date are available. The Judgments reported in SCR till 1993 also have head-notes. The judgments reported in SCR in 1994 and later have only text of judgments with out head-notes. For any case of robbery the crime & Punishment has been decided by law. Bhakti Naidu-  daughter of Surendra Naidu , Student of BCA Indira College of Commerce (at time of crime register when she was caught) for stealing Nokia Mobile, Using IDEA SIM for calling two men minutes after stealing. In her crime record - Indian Penal Code in her name . Section 379, punishment for theft. Whoever commits any theft shall be punished with imprisonment of either for a term which may exceed to three years, or with fine, or with both.The case was caught by Pune Police department. National Crime Record Bureau contains - All the crimes, criminal records with name, address, details of criminals are accessible to police, judiciary, citizens of India, World. 

 

An FIR is a very important document as it sets the process of

criminal justice in motion. It is only after the FIR is registered in the

police station that the police takes up investigation of the case. In this case the FIR was lodged for Mobile theft (with SIM, where mobile number was given to the police while registering FIR ). The procedure of filing an FIR is prescribed in Section 154 of the Criminal Procedure Code, 1973. You should sign the report only after verifying that the

information recorded by the police is as per the details given by you.

People who cannot read or write must put their left thumbimpression on the document after being satisfied that it is a correct record. Always ask for a copy of the FIR, if the police do not give it to you.It is your right to get it free of cost. you mention in the FIR- Your name and address; Date, time and location of the, incident you are reporting (It was Indira college of commerce, during BCA exams Wakad, Pune) . A police caught offence is one in which the police may arrest a person without warrant. They are authorised to start investigation after the FIR on their own and do not require any orders from the court to do so.

 

The laws were intended as a means of limiting and eventually abolishing prostitution in India by gradually criminalizing various aspects of s*x work. The main points of the PITA are as follows. WHY DO PROSTITUTES USE STOLEN SIMs OR SIMs with fake IDENTITY: A prostitute who lures or solicits shall be prosecuted. CALL GIRLS cannot publish phone numbers to the public. (Imprisonment up to 6 months with fine, point 8) Sex worker also punished for prostitution near any public place or notified area. (Imprisonment of up to 3 months with fine, point . Any adult male  acting as a mediator  or living with a  prostitute is termed as Pimp (Imprisonment of up to 2 years with fine, point. )

V. VASUDEVAN (LEGAL COUNSEL)     25 March 2012

Your company has completely ignored the plight of the employee suffering from an accident arose out of employment.  Under ESI he was certainly eligible for a leave with medical benefits, leave pay benefits. Also if the contribution was paid, there is a complimentary benefit period. ALso in the fist place, the employee ought to have been permitted to continue in the employment. It was your company's obligation to pay the contribution and resolve if with the principal employer. Having failed this obligation both your company and the principal employer is liable to pay his legitimate dues. Please determine the legitimate dues have a dialogue with him and settlele the matter with compassion. You may pursue for recovery in equal propportion or so from the principal employer separately. The employee's stand in the instant case is correct.

vasudevan

Kumar Doab (FIN)     25 March 2012

Learned Mr. Vasudevan has given the just and precise advice. Kindly follow it.

The principal employer is not liable to pay ESI on outside jobs executed through contract labour.

ESIC has made a note of HC and SC judgements and has issued cicular. Kindly look into the attachment.

No.P-12(11)-11/83/05-Rev.II                                  �����������������������������Dated :���������� October, 2007

NO DISMISSAL OR PUNISHMENT DURING PERIOD OF SICKNESS -

Section 73 of the Act provides that no employer shall dismiss, discharge or reduce or otherwise punish an employee during the period employee is in receipt of sickness benefit or maternity benefit. He also cannot dismiss, discharge or otherwise punish employee when he is in receipt of disablement benefit or is under medical treatment or is absent from work due to sickness.


Attached File : 780417578 esi liability of principle employer for job work outside premises.doc downloaded: 74 times

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