Dear Asrovastava1975,
Injury or death due to an accident arising out of and in the course of employment, the master is liable. This is universal law. Therefore, the family members of victims are entitled to get compensation.
The case is now time-barred. But it is still advised to approach a good advocate. It is also advised to approach the Central Labour Ministry and opposition leaders in Parliament. If all the victims are Indian, families of all 58 victims should unite; the Government has to do something. The victims were employed by an Indian Company, and the accident took place in Bahrain; International Law also involves in this case.
From India, Mumbai
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2584Injury or death due to an accident arising out of and in the course of employment, the master is liable. This is universal law. Therefore, the family members of victims are entitled to get compensation.
The case is now time-barred. But it is still advised to approach a good advocate. It is also advised to approach the Central Labour Ministry and opposition leaders in Parliament. If all the victims are Indian, families of all 58 victims should unite; the Government has to do something. The victims were employed by an Indian Company, and the accident took place in Bahrain; International Law also involves in this case.
From India, Mumbai
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Our friend from Belgaum has said that it is mandatory to have GPA and WC policy.Can he provide the Act/Rules under which it is mandatory? Varghese Mathew 9961266966
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Dear Friends,
Since the salary is around Rs. 25,000, the company might have exempted this person from PF and also from ESI. The service is 3 years and 6 months, and he may not get the gratuity.
However, if he died while working, it would be better to lodge a complaint with the nearby police station and take necessary legal action against the criminal procedure. Many of these companies try to exploit people, and even their legal advisors go along with them. This has been my experience.
Thanks and Regards,
J. Narayanan
From India, Madras
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Since the salary is around Rs. 25,000, the company might have exempted this person from PF and also from ESI. The service is 3 years and 6 months, and he may not get the gratuity.
However, if he died while working, it would be better to lodge a complaint with the nearby police station and take necessary legal action against the criminal procedure. Many of these companies try to exploit people, and even their legal advisors go along with them. This has been my experience.
Thanks and Regards,
J. Narayanan
From India, Madras
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J. Narayanan,
The court will decide whether he was working in a managerial position or not. Many companies hire engineers for routine work in the company. In my opinion, he was entitled to receive all benefits applicable to the factory.
Secondly, as per the Gratuity Act, in the case of death, the completion of 5 years of service is not required. Therefore, he is entitled to receive gratuity benefits.
R.A. Lawande
From United States, San Jose
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The court will decide whether he was working in a managerial position or not. Many companies hire engineers for routine work in the company. In my opinion, he was entitled to receive all benefits applicable to the factory.
Secondly, as per the Gratuity Act, in the case of death, the completion of 5 years of service is not required. Therefore, he is entitled to receive gratuity benefits.
R.A. Lawande
From United States, San Jose
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Dear Srivastava Sir,
Parents of your brother-in-law cannot legally claim compensation since the accident did not arise out of or occur during employment. However, they can benefit from the Group Accident Insurance Scheme if the deceased was enrolled in the scheme.
From India, Bokaro
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Parents of your brother-in-law cannot legally claim compensation since the accident did not arise out of or occur during employment. However, they can benefit from the Group Accident Insurance Scheme if the deceased was enrolled in the scheme.
From India, Bokaro
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Dear mmsmnk, Can you please justify your above statement? Why you say the accident has not arisen out of and in the course of employment?
From India, Mumbai
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From India, Mumbai
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Dear mmsmnk,
He was at a party organized by his company to celebrate the completion of concreting work at the Bahrain World Trade Centre. The boat was hired by his company, which capsized (due to overload - this is another case for which the captain of the boat and the owner were booked, and the captain was jailed for 3 years). So, as per my understanding, this was part of his job.
From India, New Delhi
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He was at a party organized by his company to celebrate the completion of concreting work at the Bahrain World Trade Centre. The boat was hired by his company, which capsized (due to overload - this is another case for which the captain of the boat and the owner were booked, and the captain was jailed for 3 years). So, as per my understanding, this was part of his job.
From India, New Delhi
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Dear Mr. Keshav Korgaonkar:
Would appreciate if you guide me how to take this further. His parents didn't make any claim at that time as they were in utter shock and we came to know about this recently during an informal chat with his mother. His father also passed away in September 2006. I feel this is her right to get compensated and it should not be held against her that she didn’t fill for compensation earlier. It was the duty of their Son’s employer also to take care of his ailing parents by adequately compensating for the loss of their child.
Total of 17 persons died in that accident including my Sister in Law
From India, New Delhi
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Would appreciate if you guide me how to take this further. His parents didn't make any claim at that time as they were in utter shock and we came to know about this recently during an informal chat with his mother. His father also passed away in September 2006. I feel this is her right to get compensated and it should not be held against her that she didn’t fill for compensation earlier. It was the duty of their Son’s employer also to take care of his ailing parents by adequately compensating for the loss of their child.
Total of 17 persons died in that accident including my Sister in Law
From India, New Delhi
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Total of 17 persons died in that accident including my Brother in Law and his wife.
From India, New Delhi
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From India, New Delhi
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