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Manohar (Asst.Manager HR)     26 March 2010

Remedy under Workmens compensation Act

Hi all,

When a contract worker is actively covered under ESI is there any remedy available for a contract workman under WC Act ?

ESI contributions were recovered from the contractors and paid in the code of Principal employer. Injured workmen applied for pension benefits from ESI which was allowed. Simoultaneously filed petition under WC ACT. Can he get any remedy under WC Act?

Kindly Advice and provide reference to any case laws available.

 

Thanks & Regards

Manohar K.V



Learning

 1 Replies

radha krishna (vp-hr)     31 March 2010

A workmen to whom ESI act is applicable, WC Act is not applicable. Therefore he cannot get any relief under WC Act. However you have to contest and furnish all documents prooving that the worker has laready covered and also received benefit under ESI Act to the WC commissioner.


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