Every building and construction worker, whether they are a coolie on a daily basis, a maistry, thaapi worker, painter, plumber, electrician, supervisor, or any other role, falls within the 32 to 60 category of workers in the construction field, working on a temporary or daily basis.
My advice is to ensure that all construction workers are registered under the BOCW Act before inviting them to work. They should be provided with identity cards issued by the state government's labor department, not by trade union photo identity cards. It is crucial to take care of this matter to avoid any unwanted incidents. In case of any mishap, the government will provide benefits to the workers.
From India, Nellore
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86My advice is to ensure that all construction workers are registered under the BOCW Act before inviting them to work. They should be provided with identity cards issued by the state government's labor department, not by trade union photo identity cards. It is crucial to take care of this matter to avoid any unwanted incidents. In case of any mishap, the government will provide benefits to the workers.
From India, Nellore
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Mr. Gannahope: I feel that one should become a member of the Andhra Pradesh Construction and other Workers' Welfare Board to claim the benefit.
If you look at the compensation claim form, it is to be forwarded by the contractor/owner who owns the engagement of labor for their work. Hence, I doubt that the present case may not fall under that category. Only a civil case is possible.
From India, Nellore
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If you look at the compensation claim form, it is to be forwarded by the contractor/owner who owns the engagement of labor for their work. Hence, I doubt that the present case may not fall under that category. Only a civil case is possible.
From India, Nellore
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All friends so far contributed to this thread,
Let's first ignore the silence of the questioner for this is an isolated case of a fatal accident arising out of a casual engagement for personal service. Coming to the legal implications which I attempted actually to cull out through some pertinent questions, I am of the opinion that the questioner is not legally liable to compensate the legal heirs of the unfortunate victim either under the Employees Compensation Act, 1923, or any other law if my presumption that the questioner is the owner-cum-dweller of the apartment or house is correct. To support my above view, I quote the observations of the Supreme Court in LAKSHMINARAYANA SHETTY v. SHANTHA [2002(III) LLJ - 523], an identical case to the point as hereunder: "Work of painting the house was apparently a contract between the house owner and the painter. Claim for compensation in respect of the deceased who unfortunately fell down and died while engaged in the work of painting the house does not fall within the four corners of the Workmen's Compensation Act, and therefore, the decision of the High Court allowing the claim was incorrect."
From India, Salem
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Let's first ignore the silence of the questioner for this is an isolated case of a fatal accident arising out of a casual engagement for personal service. Coming to the legal implications which I attempted actually to cull out through some pertinent questions, I am of the opinion that the questioner is not legally liable to compensate the legal heirs of the unfortunate victim either under the Employees Compensation Act, 1923, or any other law if my presumption that the questioner is the owner-cum-dweller of the apartment or house is correct. To support my above view, I quote the observations of the Supreme Court in LAKSHMINARAYANA SHETTY v. SHANTHA [2002(III) LLJ - 523], an identical case to the point as hereunder: "Work of painting the house was apparently a contract between the house owner and the painter. Claim for compensation in respect of the deceased who unfortunately fell down and died while engaged in the work of painting the house does not fall within the four corners of the Workmen's Compensation Act, and therefore, the decision of the High Court allowing the claim was incorrect."
From India, Salem
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I wish to share here my opinion about Mr. Umakanthan's contribution to various labor-law related queries - it is simply superb! Having worked on the other side of corporates - i.e., the government side, his clarifications and guidelines are great.
Perhaps we can organize seminars or workshops where Mr. Umakanthan can provide guidance on various laws and their interpretation in the modern-day industrial environment!
Great going, sir! Please continue your contribution.
From India, Bengaluru
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Perhaps we can organize seminars or workshops where Mr. Umakanthan can provide guidance on various laws and their interpretation in the modern-day industrial environment!
Great going, sir! Please continue your contribution.
From India, Bengaluru
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The suggestion to organize a workshop, as suggested by N.K. Sundaram, Soft Skill Trainer/Content Developer/HR Consultant, requesting Umakanthan M., Additional Commissioner of Labour (RTD), is welcome. It is very useful for those who handle labor cases voluntarily. There are very few people who do voluntary service for the implementation of labor laws. On the other side, there are very few advocates to handle labor cases since it is not very lucrative. Furthermore, laborers are fighting for their daily bread and cannot afford substantial payments. Hence, guidance through a workshop is a great help.
From India, Nellore
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From India, Nellore
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Haryana-Extensi on Of Time Limit To Deposit Labour Welfare Fund In The State Of Haryana (1).pdf