Wc act
Querist :
Anonymous
(Querist) 20 January 2011
This query is : Resolved
Hello, i am newly appointed as a Law officer in a company.One case is pending in which a contract labour met with an accident and got 30% total permanent disability( Lost 3 fingers) in Jan 2010 after that my company hr admitted him in the hospital and beard the hospital expenditure of Rs.1,65,000/- and he demanded for the security of the child so some policy has been purchased of Rs.50,000/- by his sons name. and paid 6 months salary while he was not working. he joined and worked for 5 months then suddenly he started demanding 5 lack rupees as compensation.
Formalities done by the Company:-
1) First aid is given admitted in hospital
2) Informed factory inspector after on month but after his visit. no statement is taken of the labour by inspector he made the report accordingly.
My question:-
1) My company want to settle this matter but not with the interference of the commissioner.otherwise penalty will be awarded.or how to settle this matter
2) i know that we cannot set off the amount we did as an expenditure of hospital to the labour as per section 9 from but how we can recover the money if we have to pay WC money saperately.
3) as per my calculation the total amount that company should pay is 2,85,916/-,
(Method of calculating monthly wages as per Section.5(c) of W.C.Act,1923
1)Method of calculating wages:-
Total wages earned in respect of
The last continues period X 30 Number of days comprising such period.
Therefore:-
28802 X 30
192
= 4500.3125
Amount of compensation to be paid:- 30% of the monthly wages x Relevant factor
( As per section.4(1)(c) of WC Act.)
Wages are calculated in the following manner .
Therefore:-
1350 X 211.79
=2,85,916/-)
4) Any other suggession please give
Please suggest how to settel this matter it is very very urgent.
Ajay Bansal
(Expert) 20 January 2011
Contact me at 09729985995.
Praveen Kumar Tewari
(Expert) 20 January 2011
Let him file w.c. case before commissioner your calculations regarding compensation is correct on your above pleadings case will be settled before the court.
Querist :
Anonymous
(Querist) 22 January 2011
Thanks for your response sir, but i have few more doubts which are as follows:-
1) can i settle this matter out of Court? if yes how?
2)As per section 9 we can not setoff the expenditure ( Hospital Rs.1,65,000/-)done to the labour from the Workmen compensation amount if yes please give me citation
3)If we are liable to pay entire compensation how we can recover the expenditure done to the labour?
Please suggest.
