CIVIL RECOVERY SUIT

Have you issued a legal notice

I have already issued legal notice for this purpose, but no reply has been received yet.

You can straight away can file a Civil Suit for recovery

You can file a civil suit for recovery of money.

Make sure you get details of his property, if any. It will help you in the suit.

i agree with Mr. Murty....u can file a civil suit for recovery.

u r not having any other legal remedy at this stage....do keep the record of his liablities for the purpose of evidence.

another query with respect to criminal liability.

If a accident happens at a site, will it also make the contractor liable though the site was managed by the sub-contractor. What can be done to prevent the contractor.

Please suggest.

Ruchesh Sinha,

With regard to your querry of criminal liability I reply you as follows:-

In this kind of situation it is wise there exists a seperate contract between the contractor and the subcontractor (apart from the original contract between the principal employer and the contractor) as to the safety of workmen employed and there should be a specific clause that

"In case of any accident or mishap resulting in death, injury (total or partial) only the subcontractor alone will be liable". 

Only a clause like this or even better and eloborate clause like this can protect the contractor otherwise law will make the contractor liable for any accidents resulting in injury or death.

I agree with Vishal.

The Inspector under the Factories Act will hold the principal employer responsible and will initiate criminal proceedings against the principal employer and if he proceeds otherwise then it will be erroneous in law. It is only when the principal employer is able to shift the reponsibility with substantial proof that such liabilitity will shift to the contractor.

The contractor already has a seprate contract with the sub-contractor, which clearly states that in case of any accident the liability will be borne by the sub-contractor. If a worker dies on the site what will be the consequences faced by the CONTRACTOR ?

Sub contractor only will be liable.      No liability on contractor.

the entire risk regarding any damage ,death or injury to the personneel willbe that  of the Sub contractor

u should file a suit for recovery.