• Section 1923 of Labor Compensation Act

One of our employee (21), worked for less then 12 months as helper on minimum wages, had electrocuted at client's site, while laying / fixing the cable on wall for the CCTV system and no connection was given to cable

His body was found laying over cable tray which was approximately 7 feet high from ground, although he had no work to do at that place and had gone to that place on his own will.

Postmortem report have also shown the burn marks which could never cause during the holding / pulling or laying any insulated cable (though we are not provided with the copy)

The employee was un-married.

Now his father, who is an carpenter and doing contract jobs  also had and workshop with several machines installed at an rented place (though, had shifted the workshop to un-known place) and approximately 15-20 workers working for him,  have filled the case under section 1923 of Labor Compensation act as an sole dependent.

As per our information Police have given the clean chit to us as well the client in final report but not providing us the copy.

As of my reading of section 1923 I under stand that

1- In our case the father of employee could not claim for compensation under the E.C.A.1923. [Definition 2(1) D] 

2- Since the employee was not at the place where he was supposed to at the time of accident, we could not be held responsible for accident /compensation  [CHAPTER II,EMPLOYEES’ COMPENSATION , Employer’s liability for compensation 3. (1) (b) (ii)

Also let me know if have to submit the W. S. through an advocate only

I am financially very week and not in position to bear the hefty fee neither have any assets.
Asked 6 months ago in Labour from Noida, Uttar Pradesh
1) under definition of dependent 2(1) (D()iii)  a parent other than widowed mother can also file for compensation if wholly or partially dependent on his earnings

2) you would not be responsible for payment of compensation if the worker has willfully  disobeyed   order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workmen, 

3) you have to prove that employee has disobeyed your orders . 

4) you need not engage lawyer to file WS  although it is advisable to engage a lawyer 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
In ordinary language the dependent of a person is one who lives on his earnings. 

2)if father is not dependent on his son earnings he cannot claim compensation as dependent 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
1. The claimant of compensation has to prove that the employee died during the course of his employment and while discharging his duties as an employee. Compensation is not a gift, it can be awarded only if the legal grounds in support thereof are proved.

2. Since you are not a trained legal mind you should engage a lawyer. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1- In our case the father of employee could not claim for compensation under the E.C.A.1923. [Definition 2(1) D] 

You make your presentation repudiating the claim, the hidden danger is that the mother will be instigated to claim compensation.  However please note that the dependent father can claim compensation.




2- Since the employee was not at the place where he was supposed to at the time of accident, we could not be held responsible for accident /compensation  [CHAPTER II,EMPLOYEES’ COMPENSATION , Employer’s liability for compensation 3. (1) (b) (ii)

This is a mater of final argument in the case.






Also let me know if have to submit the W. S. through an advocate only

You can appear as a party in person too, advocate's assistance is not required if you know how to handle a legal case.






I am financially very week and not in position to bear the hefty fee neither have any assets.

This cannot be claimed as an excuse in law.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
When father is a contractor of wood works with good earning, maintaining two and four wheeler and giving jobs to several people, whereas the late employee was earning the basic pay only and was leaving the lavish life, could he claim as dependent

The question is not about what a father is doing for survival, the law says that the father being a dependent can claim compensation so you can bring all those facts which you rely upon to repudiate the claim before the court while cross examining the father/complainant.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Labour Lawyers

Krishna Kishore Ganguly
Advocate, Kolkata
12118 Answers
231 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
H. S. Thukral
Advocate, New Delhi
516 Answers
125 Consultations
5.0 on 5.0
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
Advocate Buvaneswari
Advocate, Chennai
24 Answers
12 Consultations
4.4 on 5.0
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0