Our factory is covered under ESIC and few of workers involved in the manufacturing process are out of the ESIC coverage because of their wage more than 15000 PM. And under sub section 3 of section 10B of Workmen’s Compensation Act,1923 (Chapter II) whereby there is specific denial of applicability of WC to the factories to whom ESIC is applicable.
My question is if any accidental death happens inside the factory and ESIC benefit is not applicable due to wage more than Rs.15000/- PM and also Factory is outside the perview of Workmen's Compensation Act, 1923 will any other law applies for this please clarify.
From India, Nagpur
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2My question is if any accidental death happens inside the factory and ESIC benefit is not applicable due to wage more than Rs.15000/- PM and also Factory is outside the perview of Workmen's Compensation Act, 1923 will any other law applies for this please clarify.
From India, Nagpur
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1. Sir, Section 10-B of the Employees' Compensation Act, 1923 (ECA) only relates to "Reports of fatal accidents and serious bodily injuries." This section does not mention exemptions for employees under the said EC Act when the ESI Act, 1948 is applicable.
2. Kindly refer to Section 53 of the ESI Act, 1948, which specifically prohibits employees from claiming benefits under the WCA (now ECA) "in respect of an employment injury sustained by the insured person as an employee under this Act."
3. Also, consider the ruling of the Honorable Supreme Court in the case of A. Trehan vs. Associated Agencies AIR 1996, SC, 1990. Therefore, employees earning wages exceeding Rs. 15,000 and falling under Schedule II of the ECA, 1923 are entitled to compensation under the EC Act, 1923.
From India, Noida
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2. Kindly refer to Section 53 of the ESI Act, 1948, which specifically prohibits employees from claiming benefits under the WCA (now ECA) "in respect of an employment injury sustained by the insured person as an employee under this Act."
3. Also, consider the ruling of the Honorable Supreme Court in the case of A. Trehan vs. Associated Agencies AIR 1996, SC, 1990. Therefore, employees earning wages exceeding Rs. 15,000 and falling under Schedule II of the ECA, 1923 are entitled to compensation under the EC Act, 1923.
From India, Noida
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Dear Sir,
As the company is covered under the ESIC, the employees covered under ESIC do not come under the purview of the Workmen's Compensation Act. However, the employees outside the ESIC coverage automatically fall under the Workmen's Compensation Act. It is better to get a group accidental policy for such employees to be on the safer side.
From India, Faridabad
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As the company is covered under the ESIC, the employees covered under ESIC do not come under the purview of the Workmen's Compensation Act. However, the employees outside the ESIC coverage automatically fall under the Workmen's Compensation Act. It is better to get a group accidental policy for such employees to be on the safer side.
From India, Faridabad
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Dear Sir,
It is one thing to implement the law and another to do what is right. It is important to believe that in the event of an accident, the management should come forward to help the victim irrespective of the laws, and HR should ensure this.
From India, Bangalore
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It is one thing to implement the law and another to do what is right. It is important to believe that in the event of an accident, the management should come forward to help the victim irrespective of the laws, and HR should ensure this.
From India, Bangalore
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You are confused & hence your question is confusing. No factory can be outside purview of WC Act, only employees (drawing < 15000 pm) can be out of purview of WC Act.
From India, Mumbai
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From India, Mumbai
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All the employees drawing the salary/wages less than ₹15,000 per month should be covered under the provisions of the ESI Act. Anybody drawing more than ₹15,000 per month has to be covered under the WC policy. The applicability of the ESI to the area is of no consequence for the WC policy for exempted employees drawing wages/salary of more than ₹15,000 per month.
From India, Pune
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From India, Pune
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Dear Concern,
If the employee is not covered under the ESI Act (exempt from ESI), in such cases, there is involvement of WCA. Either the company is covered under the act or not because according to law, if any workman has been injured or died due to contingency happenings, then WCA acts against the employer.
When I worked with Bhushan Steel Limited, at that time one of our employees was injured and died due to the fire. However, he was exempt from ESI, but a WCA case was filed against the company to pay the wages and provide insurance to dependents.
From India
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If the employee is not covered under the ESI Act (exempt from ESI), in such cases, there is involvement of WCA. Either the company is covered under the act or not because according to law, if any workman has been injured or died due to contingency happenings, then WCA acts against the employer.
When I worked with Bhushan Steel Limited, at that time one of our employees was injured and died due to the fire. However, he was exempt from ESI, but a WCA case was filed against the company to pay the wages and provide insurance to dependents.
From India
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