Please guide,
Company has given some Civil work & leakage proofing work of Factory shed to a Civil Contractor. A workman of civil contractor falls down from the top of the factory shed and dies.
What are the liabilities of the company in this case or What are the legal issues involved in it?
Please help.
From India, Pune
Company has given some Civil work & leakage proofing work of Factory shed to a Civil Contractor. A workman of civil contractor falls down from the top of the factory shed and dies.
What are the liabilities of the company in this case or What are the legal issues involved in it?
Please help.
From India, Pune
Dear,
As per factory Act, the person in question will be a worker, and the employer will be under obligation for payment of compensation under Workmen compensation Act.
Leagally this workmen is a worker of the civil contractor, in absence of contractor the principal employer will be leaglly boud to pay the compensation.
Go through the contract made with the civil contractor.
Thanks
Mohd. Arif Khan
As per factory Act, the person in question will be a worker, and the employer will be under obligation for payment of compensation under Workmen compensation Act.
Leagally this workmen is a worker of the civil contractor, in absence of contractor the principal employer will be leaglly boud to pay the compensation.
Go through the contract made with the civil contractor.
Thanks
Mohd. Arif Khan
Hi Prasad,
Altimate liability lies with the owner of the factory.
If the contract agreement with the civil contractor is silent on workmen compensation and no insurance is there for the workmen, then owner has to bear.
From India, Hyderabad
Altimate liability lies with the owner of the factory.
If the contract agreement with the civil contractor is silent on workmen compensation and no insurance is there for the workmen, then owner has to bear.
From India, Hyderabad
Dear Mohd. Arif Khan & Parasurampur, Thanks for your reply. There is no such work contract between the company & civil contractor. Only verbal agreement regarding the work.
From India, Pune
From India, Pune
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.