Dear All,
In each country, Human Rights Commission is located. Visit the local Human Rights Commission office either in America or in Baharin, under stand the local laws and procedure, then go through the Labour Commissioner or Labour Department. Further, an Indian Embassy is also may be/will be located. Take their help to understand the local laws in addition to what Mr, L. Ramesh had stated.
From India, Bangalore
42In each country, Human Rights Commission is located. Visit the local Human Rights Commission office either in America or in Baharin, under stand the local laws and procedure, then go through the Labour Commissioner or Labour Department. Further, an Indian Embassy is also may be/will be located. Take their help to understand the local laws in addition to what Mr, L. Ramesh had stated.
From India, Bangalore
Dear Varghese ji, What you said is correct. Initially I was misunderstood. Latter on I summarised the whole matter as under:
From India, Mumbai
From India, Mumbai
Dear friends,
The tragic employment accident mentioned by Mr.HariharPrasad is not still clear whether it is a case of fatal accident to an Indian employee while employed abroad or in India.But, the accident mentioned by Mr.Srivatsava is clearly a case of fatal accident to an Indian employee employed by a company registered in India while working abroad.Out of my work experience as a Commissioner for Compensation under the Employees Compensation Act,1923 I share my view points in respect of both cases as follows:
S 15-B of the E.C Act,1923 provides for special provisions relating to workmen abroad of companies and motor vehicles.Other things remaining the same or similar,
(1)the first and foremost condition for a claim for compensation under these special provisions of the Act is that the company for whose employment the workman was recruited and sent abroad should have been registered in India.
(2)the notice of the accident and the claim for compensation may be served on the local agent of the company in the country of accident.
(3)ordinarily,in the case of death of the workman in respect of whom the provisions of S.15-B is applicable, the claim for compensation shall be made within one year after the receipt of the news of death by the claimant.However, the Commissioner is empowered to condone the delay if sufficient cause is shown to his satisfaction and entertain the claim.
Hence,claim can be preferred by the dependent of the victim of the Bahrain employment accident even now.
Regarding Mr.Harihar Prasads case, I fully endorse the views of Mr.Korgaonkar.If the victim was an employee recruited by an Indian company and the accident happened while working abroad, the claim shall be made as set out earlier
From India, Salem
The tragic employment accident mentioned by Mr.HariharPrasad is not still clear whether it is a case of fatal accident to an Indian employee while employed abroad or in India.But, the accident mentioned by Mr.Srivatsava is clearly a case of fatal accident to an Indian employee employed by a company registered in India while working abroad.Out of my work experience as a Commissioner for Compensation under the Employees Compensation Act,1923 I share my view points in respect of both cases as follows:
S 15-B of the E.C Act,1923 provides for special provisions relating to workmen abroad of companies and motor vehicles.Other things remaining the same or similar,
(1)the first and foremost condition for a claim for compensation under these special provisions of the Act is that the company for whose employment the workman was recruited and sent abroad should have been registered in India.
(2)the notice of the accident and the claim for compensation may be served on the local agent of the company in the country of accident.
(3)ordinarily,in the case of death of the workman in respect of whom the provisions of S.15-B is applicable, the claim for compensation shall be made within one year after the receipt of the news of death by the claimant.However, the Commissioner is empowered to condone the delay if sufficient cause is shown to his satisfaction and entertain the claim.
Hence,claim can be preferred by the dependent of the victim of the Bahrain employment accident even now.
Regarding Mr.Harihar Prasads case, I fully endorse the views of Mr.Korgaonkar.If the victim was an employee recruited by an Indian company and the accident happened while working abroad, the claim shall be made as set out earlier
From India, Salem
Dear Umakanthan, The accident had happened in India and employed in India by an Indian company. The accident was happened during working. Regards, Harihar Prasad
From United States, Columbus
From United States, Columbus
DEAR Hari Prasadji,
As the dependent parents of your deceased son, your wife and you are entitled to compensation under the Employees Compensation Act,1923 in addition to the proceeds of the Personal Accident Insurance and gratuity under the Payment of Gratuity Act,1972.Better, engage a Counsel experienced in labor matters.He will guide you properly and make all the arrangements.Good luck to you!
From India, Salem
As the dependent parents of your deceased son, your wife and you are entitled to compensation under the Employees Compensation Act,1923 in addition to the proceeds of the Personal Accident Insurance and gratuity under the Payment of Gratuity Act,1972.Better, engage a Counsel experienced in labor matters.He will guide you properly and make all the arrangements.Good luck to you!
From India, Salem
Dear Harihar Prasad ji,
I once again repeat that the employer is wrong in settling your all dues including the claim under EC Act against the amount receivable under GAP claim. Apart from amount under GAP claim, the company is liable to pay you compensation under EC Act. However, if it is mentioned in the schedule of GAI policy that the claim under this policy will discharge the liability of employer under the EC Act, in this case the employer is right in settling the claim of EC Act under the claim of GAI.
I remember having seen once nearly 5-6 years back such Group Insurance policy discharging employer from liability under WC Act. There are so many private Insurance Companies and they come out with various kinds of product as per need and charge premium accordingly. You need to see the schedule of the policy and confirm that the said policy does not discharge the employer from claim under EC and proceed further I advised by me or Shri. Umakanthan.
The same is also told by me to your son who telephoned me. In fact, from him I came to know that the company says that the claim under the EC is settled under the GAI. Therefore, you need to confirm it from the schedule of policy. You are advised to get a copy of it either from company or from Insurance Company and forward me a scan, at
.
From India, Mumbai
I once again repeat that the employer is wrong in settling your all dues including the claim under EC Act against the amount receivable under GAP claim. Apart from amount under GAP claim, the company is liable to pay you compensation under EC Act. However, if it is mentioned in the schedule of GAI policy that the claim under this policy will discharge the liability of employer under the EC Act, in this case the employer is right in settling the claim of EC Act under the claim of GAI.
I remember having seen once nearly 5-6 years back such Group Insurance policy discharging employer from liability under WC Act. There are so many private Insurance Companies and they come out with various kinds of product as per need and charge premium accordingly. You need to see the schedule of the policy and confirm that the said policy does not discharge the employer from claim under EC and proceed further I advised by me or Shri. Umakanthan.
The same is also told by me to your son who telephoned me. In fact, from him I came to know that the company says that the claim under the EC is settled under the GAI. Therefore, you need to confirm it from the schedule of policy. You are advised to get a copy of it either from company or from Insurance Company and forward me a scan, at
From India, Mumbai
Dear Mr Prasadji,
Kindly share the following details.
Date of Accident
Place of Accident
Designation of victim
Nature of work/Duties assigned
Where was he treated immediately after the accident
Post mortem report - Cause of Death
Police Report - Cause of Death
Name of Company & address
Company's financial standing , Nature of business etc
Name & age of Victim
Factories Inspector's report regarding the Accident
Any other information available with you
Managements First information letter to you
BS Gopala Krishna
From India, Bangalore
Kindly share the following details.
Date of Accident
Place of Accident
Designation of victim
Nature of work/Duties assigned
Where was he treated immediately after the accident
Post mortem report - Cause of Death
Police Report - Cause of Death
Name of Company & address
Company's financial standing , Nature of business etc
Name & age of Victim
Factories Inspector's report regarding the Accident
Any other information available with you
Managements First information letter to you
BS Gopala Krishna
From India, Bangalore
Dear sir,
The company is liable to pay under workmen compensation act 1923 2) Group Accidental Insurance 3) Unpaid salary 4) Leave encashment 3) Gratuity 4) Bonus and PF dues.
If company reject to settle above statutory settlement you can file case before Asst.Commissioner of Labour.
Compensation calculation under WC Act 1923
Age factor of deceased employee * salary *( percentage of loss ) 50/100.
Thanks & Regards,
From India, Hyderabad
The company is liable to pay under workmen compensation act 1923 2) Group Accidental Insurance 3) Unpaid salary 4) Leave encashment 3) Gratuity 4) Bonus and PF dues.
If company reject to settle above statutory settlement you can file case before Asst.Commissioner of Labour.
Compensation calculation under WC Act 1923
Age factor of deceased employee * salary *( percentage of loss ) 50/100.
Thanks & Regards,
From India, Hyderabad
Dear Pankaj and Serivatav,
If both of your case, it is related to outside india one may be in America and other in Baharin, if so,
a) you need to ascertain the age of the person and his salary at the time of death and what he would have earned up to the 60 years of age, had he lived.
Based on deceased total earning for rest of his life up to age of 60, you should put the claim before
a. Indian Embassy at the country you are placed
b. Also with the Labour head of country where deceased worked
c. With human rights commission of that country where deceased worked
Later you can also challenge the orders of the above authorities in appropriate court of law in that country if you have not got the proper claim. In other words first you should decided what is appropriate claim in consultation with local authority or Advocate.
Mr. Srevastav says in Beharin no compensation is paid even after lapse of 7 years. Try to make a claim by sending the papers from India directly and through Indian Embassy. Since you have not done anything last 7 years, I don't know what will be done now but your can still try.
If the accident is in India, the suggestions are already poured in and same could be implemented.
Have a wonderful day.
From India, Bangalore
If both of your case, it is related to outside india one may be in America and other in Baharin, if so,
a) you need to ascertain the age of the person and his salary at the time of death and what he would have earned up to the 60 years of age, had he lived.
Based on deceased total earning for rest of his life up to age of 60, you should put the claim before
a. Indian Embassy at the country you are placed
b. Also with the Labour head of country where deceased worked
c. With human rights commission of that country where deceased worked
Later you can also challenge the orders of the above authorities in appropriate court of law in that country if you have not got the proper claim. In other words first you should decided what is appropriate claim in consultation with local authority or Advocate.
Mr. Srevastav says in Beharin no compensation is paid even after lapse of 7 years. Try to make a claim by sending the papers from India directly and through Indian Embassy. Since you have not done anything last 7 years, I don't know what will be done now but your can still try.
If the accident is in India, the suggestions are already poured in and same could be implemented.
Have a wonderful day.
From India, Bangalore
In both the cases, you can also place the claim to their registered company in India and also with the Commissioner of Labour of the State where you reside.
Since the other death in not in America as misunderstood, you should place your claim as Advised by Umakanthan.M
Additional Commissioner of Labour (RTD) and other members.
Vivian Chandrashekar,
Advocate and Management Consultant.
Ph: 9916138191 email.
From India, Bangalore
Since the other death in not in America as misunderstood, you should place your claim as Advised by Umakanthan.M
Additional Commissioner of Labour (RTD) and other members.
Vivian Chandrashekar,
Advocate and Management Consultant.
Ph: 9916138191 email.
From India, Bangalore
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