Respected Seniors,
I am working as senior project engineer (construction) with a pvt. Ltd. Company based at delhi. During the official working hours on dated 05/sep/2013 at 12.30 pm (afternoon) I had a serious injury by falling down from the staircase at company’s construction site and I was rushed to hospital by coworkers and was admitted to ICU and a major surgery was conducted in my right leg and a titanium rod and accessories were transplanted in my leg. In spite of my repeated requests with the company’s management by emails, letters and telephonically conversations, the company has neither release my salary nor given pending medical dues. They are intentionally & deliberately adopting the delaying tactics. After a long time of months I was informed by email that I should come personally to head office for amicable settlement but on the visit to there office I was threatened with dire consequences. In resulting this I have forwarded a legal notice for the pending salary and medical dues. In reply to that notice I have been communicated in writing that I’ll not be paid my salary from September 2013 to till date and medical dues can be settled on humanitarian ground.
Please advice me that what action should I take as per the law applicable for an employee.
Thanks & regards
Vinit soni
8860410213
From India, New Delhi
Acknowledge(0)
Amend(0)
1I am working as senior project engineer (construction) with a pvt. Ltd. Company based at delhi. During the official working hours on dated 05/sep/2013 at 12.30 pm (afternoon) I had a serious injury by falling down from the staircase at company’s construction site and I was rushed to hospital by coworkers and was admitted to ICU and a major surgery was conducted in my right leg and a titanium rod and accessories were transplanted in my leg. In spite of my repeated requests with the company’s management by emails, letters and telephonically conversations, the company has neither release my salary nor given pending medical dues. They are intentionally & deliberately adopting the delaying tactics. After a long time of months I was informed by email that I should come personally to head office for amicable settlement but on the visit to there office I was threatened with dire consequences. In resulting this I have forwarded a legal notice for the pending salary and medical dues. In reply to that notice I have been communicated in writing that I’ll not be paid my salary from September 2013 to till date and medical dues can be settled on humanitarian ground.
Please advice me that what action should I take as per the law applicable for an employee.
Thanks & regards
Vinit soni
8860410213
From India, New Delhi
Acknowledge(0)Amend(0)
Dear Vinit,
As you mentioned that you had an accident at the construction site, did you follow all safety rules during your visit or while moving around the site as per the company's policy?
If you did not follow the safety rules, then you are at fault. However, since the accident occurred on duty, the company is obligated to provide benefits. You mentioned that you have sent them a notice regarding the same. I believe you must have also consulted with an advocate. Have they responded to you? Have they provided any reasons for refusing to give you the benefits? What does your advocate say about their response?
Please ensure to follow up on this matter promptly.
Thank you.
From India, Mumbai
Acknowledge(0)Amend(0)
As you mentioned that you had an accident at the construction site, did you follow all safety rules during your visit or while moving around the site as per the company's policy?
If you did not follow the safety rules, then you are at fault. However, since the accident occurred on duty, the company is obligated to provide benefits. You mentioned that you have sent them a notice regarding the same. I believe you must have also consulted with an advocate. Have they responded to you? Have they provided any reasons for refusing to give you the benefits? What does your advocate say about their response?
Please ensure to follow up on this matter promptly.
Thank you.
From India, Mumbai
Acknowledge(0)Amend(0)
Respected Tushar Sir,
First of all, thanks for your advice. As you inquired about the safety rules, this is for information that I was following all the safety rules like safety helmet, safety shoes, safety jacket, etc. as prescribed. Actually, CHALLI (in Hindi we can say wooden jaali) installed was loose and shaky, which resulted in my falling on the stairs. This was because of negligence of the safety department appointed at the site for our safety. I would like to mention that no insurance was made to cover the safety risk at the construction site as per the Workmen's Compensation Act. Instead of showing sympathy for this accident, the management was trying to back out from the responsibility.
In order to justify the non-payment of my pending salary and medical dues, the management is trying a gimmick of poor performance, whereas no written communication has been given to me, nor have I acknowledged any. The advocate is of the opinion that we should file a suit for claiming the pending dues/salary and compensation for temporary physical disability (as I am still under medical treatment) as applicable under the labor laws. Kindly, keeping in view all the facts and circumstances, please advise me on the optimum solution in this matter.
Thanks and Regards,
Vineet Soni
From India, New Delhi
Acknowledge(0)Amend(0)
First of all, thanks for your advice. As you inquired about the safety rules, this is for information that I was following all the safety rules like safety helmet, safety shoes, safety jacket, etc. as prescribed. Actually, CHALLI (in Hindi we can say wooden jaali) installed was loose and shaky, which resulted in my falling on the stairs. This was because of negligence of the safety department appointed at the site for our safety. I would like to mention that no insurance was made to cover the safety risk at the construction site as per the Workmen's Compensation Act. Instead of showing sympathy for this accident, the management was trying to back out from the responsibility.
In order to justify the non-payment of my pending salary and medical dues, the management is trying a gimmick of poor performance, whereas no written communication has been given to me, nor have I acknowledged any. The advocate is of the opinion that we should file a suit for claiming the pending dues/salary and compensation for temporary physical disability (as I am still under medical treatment) as applicable under the labor laws. Kindly, keeping in view all the facts and circumstances, please advise me on the optimum solution in this matter.
Thanks and Regards,
Vineet Soni
From India, New Delhi
Acknowledge(0)Amend(0)
Hello Vineet Soni,
Going legal is the only way in your case. However, suggest choosing your advocate carefully. While I don't mean to cast any doubts on your advocate, it's better to be cautious earlier than later. I know of cases where the defendant's advocates have cut backdoor deals with employers, and the employee gets to know of it only when it's too late.
Also, see if you can insist on any timeframe for the court case with your advocate—going by what you mentioned, the company, most likely, will prefer to go legal than have any out-of-court settlement. Otherwise, it could go on and on for years.
All the best.
Regards, TS
From India, Hyderabad
Acknowledge(0)Amend(0)
Going legal is the only way in your case. However, suggest choosing your advocate carefully. While I don't mean to cast any doubts on your advocate, it's better to be cautious earlier than later. I know of cases where the defendant's advocates have cut backdoor deals with employers, and the employee gets to know of it only when it's too late.
Also, see if you can insist on any timeframe for the court case with your advocate—going by what you mentioned, the company, most likely, will prefer to go legal than have any out-of-court settlement. Otherwise, it could go on and on for years.
All the best.
Regards, TS
From India, Hyderabad
Acknowledge(0)Amend(0)
Except for filing a case in civil court, there are no provisions in labor law to proceed against an employer for nonpayment of salary to a person with wages above Rs 18,000 per month. Similarly, no action is possible for a non-workman under the Industrial Disputes Act, 1947.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
Varghese Mathew
09961266966
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
Whether a worker as per the ID Act or an employee outside the purview of the Act, you are eligible for full salary and medical facilities during the treatment and recovery period because the injury occurred while on duty or due to a work-related accident.
The management is obligated to pay the salary and medical expenses for the duration of treatment, and subsequently provide compensation for any loss of earning capacity resulting from the disability caused by the accident.
It is advisable to seek legal advice from an advocate and consider issuing a legal notice.
From India, Hyderabad
Acknowledge(0)Amend(0)
The management is obligated to pay the salary and medical expenses for the duration of treatment, and subsequently provide compensation for any loss of earning capacity resulting from the disability caused by the accident.
It is advisable to seek legal advice from an advocate and consider issuing a legal notice.
From India, Hyderabad
Acknowledge(0)Amend(0)
Dear Vinit,
As you mentioned, the incident happened due to negligence of safety rules not being followed by them. Can you please confirm if a police case or FIR was filed at the time of this incident? If it was, and it clearly states the reason for the accident, that would be the strongest evidence for you to file a suit against them.
From India, Mumbai
Acknowledge(0)Amend(0)
As you mentioned, the incident happened due to negligence of safety rules not being followed by them. Can you please confirm if a police case or FIR was filed at the time of this incident? If it was, and it clearly states the reason for the accident, that would be the strongest evidence for you to file a suit against them.
From India, Mumbai
Acknowledge(0)Amend(0)
Mr. VINEET is a Senior Project Engineer and is not a workman under the ID Act. Hence, his case does not fall under the Industrial Disputes Act. He will receive benefits under the EC Act provided he falls under the definition of an Employee as per Schedule 11 of the EC Act. If so, even negligence is not a bar as per Section 3b of the EC Act if the injury results in TPD.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
Varghese Mathew
09961266966
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
The action by the company is as follows:
1. Formation of an Inquiry committee to inquire into the circumstances under which the Employer met with an injury while on duty.
2. Submission of a report by the inquiry committee with findings and recommendations to ensure that no such incident is committed in the future.
3. The employee's accident is attributed to the company since the employee was on duty at the time of the accident.
4. Opinion of the Medical Officer to further justify the employee's retention in the company. If retained, limitations of duties to be performed by the employee due to the accident.
5. If retention is not possible, disability compensation is attributed to the company.
Under all circumstances, the employee is entitled to full salary during hospitalization. This is as per the rules of the country.
Thanks and regards,
Brijendra Singh Mathuria
HR & Admin Manager
CPS Shapers
From India, Mumbai
Acknowledge(0)Amend(0)
1. Formation of an Inquiry committee to inquire into the circumstances under which the Employer met with an injury while on duty.
2. Submission of a report by the inquiry committee with findings and recommendations to ensure that no such incident is committed in the future.
3. The employee's accident is attributed to the company since the employee was on duty at the time of the accident.
4. Opinion of the Medical Officer to further justify the employee's retention in the company. If retained, limitations of duties to be performed by the employee due to the accident.
5. If retention is not possible, disability compensation is attributed to the company.
Under all circumstances, the employee is entitled to full salary during hospitalization. This is as per the rules of the country.
Thanks and regards,
Brijendra Singh Mathuria
HR & Admin Manager
CPS Shapers
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Vineet,,
Since you have mentioned that you have been working with a construction company based at delhi and while on duty, you have met with an accident at company’s construction site. Since your company is engeged in construction activity hence I suppose it is covered under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act,1996 and Delhi Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules,2002 are applicable to your empoyer.If you visit website of Delhi labour dept on Delhi Government Portal you will find the applicapility of the Act & Rules, which reads as under:-
The Act applies to every establishment, belonging to or under the control of government, any body corporate or firm, an individual or association or other body of individuals which or who employs building workers in any building and other construction work and includes an establishment belonging to a contractor which employs, or had employed on any day of the preceding 12 months, 10 or more building workers in any building or other construction work, but does not includes an individual who employs such workers in any building or construction in relation to his residence the total cost of such construction not being more than Rs. 10 lakhs.
You can examine the applicapility of the Act to your construction company. If the same is applicable and your employer has not taken Registration from the concerned authority and has not given the notice of commencement of the construction work, he is going to have a tough time. The Act has laid down heavy penalties for the convtravention of the its provisions so much so that the inspector has powers to prohibit the working ,if the laid down safety and health norms are not complied with.
As regards your dues and accidental compensation are concerned, your employer is bound to pay the both.Your employer was supposed to send a notice of accident in Form XIV under Rule 210 (7) to the Chief Inspector of Building and construction, Delhi within four hours in case of fatal accident.
Since you have already approached them and they are reluctant to clear your dues, I advice you to lodge a complaint with the Chief Inspector of Building and construction, Delhi giving all the details of accident and copies of the medical treatment undergone in the hospital.I am sure this will work.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Acknowledge(0)Amend(0)
Since you have mentioned that you have been working with a construction company based at delhi and while on duty, you have met with an accident at company’s construction site. Since your company is engeged in construction activity hence I suppose it is covered under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act,1996 and Delhi Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules,2002 are applicable to your empoyer.If you visit website of Delhi labour dept on Delhi Government Portal you will find the applicapility of the Act & Rules, which reads as under:-
The Act applies to every establishment, belonging to or under the control of government, any body corporate or firm, an individual or association or other body of individuals which or who employs building workers in any building and other construction work and includes an establishment belonging to a contractor which employs, or had employed on any day of the preceding 12 months, 10 or more building workers in any building or other construction work, but does not includes an individual who employs such workers in any building or construction in relation to his residence the total cost of such construction not being more than Rs. 10 lakhs.
You can examine the applicapility of the Act to your construction company. If the same is applicable and your employer has not taken Registration from the concerned authority and has not given the notice of commencement of the construction work, he is going to have a tough time. The Act has laid down heavy penalties for the convtravention of the its provisions so much so that the inspector has powers to prohibit the working ,if the laid down safety and health norms are not complied with.
As regards your dues and accidental compensation are concerned, your employer is bound to pay the both.Your employer was supposed to send a notice of accident in Form XIV under Rule 210 (7) to the Chief Inspector of Building and construction, Delhi within four hours in case of fatal accident.
Since you have already approached them and they are reluctant to clear your dues, I advice you to lodge a complaint with the Chief Inspector of Building and construction, Delhi giving all the details of accident and copies of the medical treatment undergone in the hospital.I am sure this will work.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
CTC_SALARY_SLIP _FORM_(legal)(1 ).xls
Nominee vs legal heir.pdf
HR-LEGAL FORMS.zip