Esi-emplyer not responsible for compensation??
Querist :
Anonymous
(Querist) 21 January 2012
This query is : Resolved
Hello,
employer take ESI
one worker died in factory premises because of fire in factory, employee heirs file WC case
employer' advocate writing in answer
^employer is not responsible because they have taken ESI.
^second legal heir is employee's sister so not eligible for any amount
now i want citation for if even esi
employer is Responsible for compensation because death in work area
and sister who is dependent because in India , society exist that believing 'woman cant work outside home'
Thank you very much in advance for helping me.
Raj Kumar Makkad
(Expert) 21 January 2012
Liability of an employer under the Workmen's Compensation Act is like an insurer and different than that under the law of tort.
Hindu Inter Co1Jege, Kandh/a, Muzafjarnagar v. Prescribed Authority (Minimum Wages Act, 1948), 2005 LLR 352 (All HC).
