shelly
(Querist) 29 May 2012
This query is : Resolved
mr surat ram,migrant labourer from orissa,was engaged as an un-skilled worker in naptha jharancekri power corporation [n.j.p.c] under a contractor in 1995.on the fatal day while returning from home after taking lunch,he opted shortcut route in prefrence to alternative sub way and that was a blasting zone.There he meet with another worker ramesh,who asked hin to assit for blast prepration.dispite the clear warning written in english not to go in the blasting zone without wearing safety guards,surat ram went there to help ramesh,but unfotunately the both meet with an accident while preparing for blast.they were imedietly taken to igmc shimla.where surat ram dead and one leg of ramesh also crushed which later on amputated.no fincial aid was given to them by contracter as he ran away after abondening the work...in the above case the widow of deacsed and ramesh kumar file a patition for compensation/damages....plz argue on behalf of employer
Sudhir Kumar, Advocate
(Expert) 31 May 2012
You have converted a practical propblem into academic which experts do not encourage on this site.
However, your claim is weak. You have to pay the dues and can deduct from contractro's payment or file civil suit against him if advised by contractor.
Please also specify about ECIC position.
The employee are recruited through contractor to facilitate the labour law evasions. The experimetns works till contractor disappears. Most likely you will also pay his PF dues if not paid by contractor
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