on which company Workmen comp. act is applicable

Chandan Garg (Querist) 30 August 2008 This query is : Resolved
pls tell me what is the criteria for applicability of Workmen compensation act on a company..

as our company is a steel manufacturing company having employee strength of 5000 and more than 25000 contract labour..
pls tell whether the WCA will be applicable of ESI and why....

thanks

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H. S. Thukral (Expert) 30 August 2008
WCA is applicable to every trade /business/industry. However if an employee is covered under ESI he can not get benifit under WCA. To rest of employees including managerial staff WCA will be applicable.

SANJAY DIXIT (Expert) 31 August 2008
Well said by Sri Harbhajan.
WCA applies to factories, mines, docks, construction establishments, plantations, oilfields and other establishments listed in Schedule II and III of the act but excludes establishments covered by the ESI Act.

Chandan Garg (Querist) 09 September 2008
ok our factory has WCA then ...why ESI is not applicable.

how can we insure the employees under ESI

Manish Singh (Expert) 13 September 2008
those employees who are covered by the esi can not take benefit of the WCA. rEST OF THE EMPLOYEES SHALL BE GOVERNED BY THE WCA

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