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sajan jose (qs)     26 November 2017

Daily labour - liabilities of employer

What are the legal liabilities of an employer if he engages a worker to do some kind of jobs like coconut plucking, artesian well cleaning,grass cutting etc and had occupational accident like felling down from coconut tree and have permanent disability.


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 2 Replies

KISHAN DUTT KALASKAR (Advocate)     26 November 2017

It is not covered under any law except under the provisions of Indian Penal Code. A case may be booked against him/landlord for negligence of not providing sufficient safe guards. You have not mentioned whether such accident took place in the garden land of individual or company.

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sajan jose (qs)     27 November 2017

Thank you for your reply.

 Actually the scope of work for daily basis labour for cleaning an artesian well are they have to go inside the well on ropes and clean the small plants on the wall probably by hanging on the rope etc.And the labour I mentioned above not comes under an organization / company and are not registered and are self employed.

So in this case if somethings happens to the labour, possibility includes the rope may be not in good condition and may break or he may have giddiness and may felldown while hanging on the rope etc what are the liabilities of employer since the work is on employers land.(in this case well is in employers land).

I hope you may understand my concern and sorry in advance since I am not that good in English.

Also one more similar example is as I am hailing from a village the coconut plucking climbing on a coconut tree is very common in our area and what if the daily labour who has no registration with any company and are self employed may fell down during the work and had permanent disability.

As the employer in this case cannot intervene in safe working methods will be liable for his compensation since the works carried out in employers land.

 


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