Dear Respected Seniors and fellow Members,
Greetings of the day!
Need your advise on the case given below.
Summary------------------------------------------------
An employee of our organization was deputed with our client (principal employer) and during the course of his employment, he met with an accident while driving a vehicle on road which led to his hospitiliastion. He suffered greivous injury and was admitted to ESI Hospital. Over there he was treated and given all hte medical help he required. However, after some time our client ie principal employer did not give the salary coz the employee was hospitalised and hence our company consequently stopped submitting the contribution to ESIC.
As a result of the above, the employee was restrained from taking the treatment from ESIC and hence he had to take medical assistance from some pvt hospital and hence incurred substantial expenses on it. Now he through Labour Commissioner is demanding a mammoth amount of money as compensation from us.
Question----------
1 Is the employee justified in the claim he asked for?
2 Secondly, do we as immediate employer are liable to pay any compenation coz we did not get any amount from our client ie principal employer for esic contribution. if yes, or not then why so?
3 Is the employee justified in the claim as he was covered under ESIC and hence employee compensation cannot be invoked since as per ESIC, Employee compensation act is not applicable if ESIC is applicable.
4 if we or principal employer liable for any claim to be paid to the employee, on what basis we can reduce the amount asked by the employee
5 Can i get a judgement/case law to support our case
I would request all of my learned friends to answer teh query point by point if possible for u to bring a clear picture to this and also please feel free to raise any point in this case which i missed or any other input/ suggestion u have for this case
Thanks in Advance
Learner(Rohit)