Is employer liable for compensation if contractor run away after abandoning the work.
shelly
(Querist) 30 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...
ajay sethi
(Expert) 30 May 2012
contractor is liable to compensate victims family members for injury caused to labourers . the family memebrs can claim compensation from employer too . both are liable under workmen compensation act
Suhail A.Siddiqui
(Expert) 30 May 2012
Ultimate/ primary liability is on the shoulder of principle employer(whether to recover from contractor or pay from his own pocket)
shelly
(Querist) 30 May 2012
then sir how i protect my client contractor
J K Agrawal
(Expert) 31 May 2012
No contractor of sub contractor is liable for compensation. only the principal that is naptha jharancekri power corporation [n.j.p.c] liable for all the Compensation. It is another thing that the corporation may recover it from the contractor.
So do not worry until NJPC is there.
Further there is a valid defense with you that the labour violated clear direction of safety measures. But in practice there is no defense before the Labour Commissioner.
