workmen compensation act
clifford john coelho
(Querist) 15 February 2010
This query is : Resolved
DEAR SIR ,I HAD ASKED FOR INFO REGARDING 2 OF MY CO-WORKERS(recently joined but more than 2yrs old) TO INDIAN AIRLINES UNDER THE RTI ACT,WHETHER THEY ARE BEING PAID MINIMUM WAGES/ESIC AND EPF ,BECAUSE WE ARE PAID THE SAME
.THE RESPONSE FROM THE PE AFTER COLLATING THE INFO FROM THE CONTRACTOR WAS THAT THEY WERE BEING PAID ONLY MINIMUM WAGES AND WORKMEN COMPENSATION .
1)ALL OF US ARE CONTRACT LABOUR FOR MORE THAN 19YRS ,WITH MM WAGES/ESIC AND EPF .
2)WHAT IS MEANT BY WORKMEN COMPENSATION ACT ?
3)CAN THEY CLAIM MEDICAL/HOSPITALIZATION
BENEFITS ?
4)IN SHORT WHAT ARE THE ADVANTAGES/DISADVANTAGES BETWEEN THE TWO ?
Raj Kumar Makkad
(Expert) 18 February 2010
A contract employee is not at par with the regular employee so he cannot claim equity in the matter of service benefits, however, a demand can be legally raised to regularise such employees who have rendered such long service of 19 years as in your case so that they may also taste the fruits of the benefits working similar to the regular employees.
Workman compensation act is entirely different act which comes in action only to compensate the employee in case he sustains any injury bodily or mentally while performing his work. This act has no application in your case.
So far medical facility is concerned, it wholly depends upon the written agreement/contract and no straight jacket formula can be applied but once you become regular then shall get all such facilities as per service rules.
Sarjooram Sharma
(Expert) 20 February 2010
Workmen's compesation Act 1923 imposes liability on the employer (principal employer or contractor) to pay compensation to the workman or dependants of the workman if the workman is amputated or is dead due to injury sustained owing to an accident arising during the course of employment or out of employment. For more details please go through the Workmen's Compensation Act 1923 which attached herewith.
