Workmen compensation act
harish sharma
(Querist) 05 January 2013
This query is : Resolved
My cliet is working as a electrical contractor installation of electrical substation . he got a contract from ubhvnl at karnal for installation of substation for exection of his work he further given a contract to mr “A” Mr a appoint some labour forexecution of the said work at time of installation of electric pole one labour dieed on y\the spot because of electric crruent flow in the pole . we have a written aggrement with mr A contractor that if any injuries,loss, damages occur during the execution of work mr A is fully responsible. My problem is that the leagal hire of the deceased person gave notice to us and Mr. “A” sub contractor U/s workmancompensation act for claming a huge money as the worker had died during the course of employment. What was the soloution of this problem what action should be taken and what is our defense , what reply I should gave to the notice.
we are lible to compensanite or not under workman compensation act
Raj Kumar Makkad
(Expert) 05 January 2013
Being Principle employer, you cannot be exonerate from your liability to compensate though your agreement with the sub-contractor shall come to your help wherein you can shift your liability towards him. I think you cannot deny the employment of that person but can say that you were not his master and he was employer was sub-contractor so he has liability to compensate and even otherwise you are holding a valid contract to that effect.
harish sharma
(Querist) 07 January 2013
Thanks for reply sir i have one question in my mind
it can be happn that workman commenissior can gave a award in the favour of workman with station both employer are jointely and servely liable in that case if we paid our share to workman ,wc have a rite to recover the compensation amount from the sub contractor it can be or not
V R SHROFF
(Expert) 07 January 2013
Agree with Shri Raj kumar ji.
yes u can recover as u sent for and on behalf of ur sub-cont , unless a MOU exists in contra.
Raj Kumar Makkad
(Expert) 07 January 2013
You have a legal right to recover as per your agreement in case you are held liable to pay.
