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Narayanarao Murali (Advocate)     27 September 2010

ESI & Workmen compensation

Recently I read one of our member indicating that if employees of an organization are covered under ESI, there is no need for covering the employees under workmen compensation. When I browsed two different answers were posted from our club members one negative another positive. Two clear the ambiguity if any one says that only ESI is sufficient and wormen compensation Policy is not to be taken, I would appreciate the relavant Chapter and Rules of ESI Act. Similary if Workmen compensation Policy has also to be taken, in spite of coverage under ESI, relevant Act and rules may pleased be quoted. This would clear the minds of the reader.Regards, N.Murali.



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 1 Replies

V. VASUDEVAN (LEGAL COUNSEL)     27 September 2010

 

Please review Section 53 of the ESI Act - These provisions creates a specific bar against receiving or recovery of compensation or damages under any other law. Please review the SC Judgement in Trehan A v.Associated Electrical Agengies, AIR 1996, SC1990.

Vasudevan


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