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 2 years ago in Labour from Noida, Uttar Pradesh
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
Asked 2 years ago