Umakanthan53
Labour Law & Hr Consultant
Adoni Suguresh
Sr.executive (per & Adm)
Gannahope
Asst.commissioner Of Labour..a.p.
NK SUNDARAM
Soft Skill Trainer / Hr Consultant - India
9871103011
Private Consultant On Labour Laws
Lelo Myeza
Human Resources
+3 Others

Thread Started by #priya_65

A labour was hired to work for white washing the house. While working he fell down and died. What would be legal consequences for the same and how will compensation be decided for him. He died as he did not take safety precautions and did not wear a belt for safety.
Thanks
4th August 2014 From India, Delhi
Dear PRIYA,
I think the information given is not sufficient.
Whether the house is owned by the person who engaged the victim for doing the white-washing?
If so, whether the owner alone occupies the house or any portion of which is let out?
If yes is the answer for the first part, whether any business or commercial or trade activity is carried on in or from that house?
Whether the victim was engaged for the work on contract basis through a painting contractor or himself an independent contractor or on daily wage basis?
4th August 2014 From India, Salem
Regardless of if employee was full time or part time. If he was covered in venture of him being employed that party is liable. Also just allow for them to investigate.
We shouldnt shy away in taking responsiblity, in this case the person is dead. If he doesnt have any other personal covers then there should be assistance given to the family.
Hope this is healpful.
4th August 2014 From Switzerland
Whenever such queries are posted, please provide full details. One may feel that some details are irrelevanent but for experts to provide meaningful help, it is always essential to give full details.
5th August 2014 From India
Thanks everyone for the reply, I really appreciate the replies of all. I have got sufficient inputs and Lelo thanks for the suggestion, I will certainly do. We can close the query.
5th August 2014 From India, Delhi
Dear Senior
All though our senoir's had there input on cited subject, Unfortunate still need to understand the legal implication's & resolution of such situation while the hired person engaged at part time. Usually company required to hired individuals on temporary basic for certain task i.e (Services/white wash/construction etc.) pls apprise .
Regards!!
Prakash Tiwari
5th August 2014 From India, Delhi
These issues need attention of all. Practical and personal experience throws some light on this. In my view there is much relevance for the statement of Mr Umakanthan.M Additional Commissioner of Labour (RTD). Regards.
5th August 2014 From India, Nellore
Dear PRIYA,
In reply to your query Sh Umakanthan and other members have sought to clarify certain points. Instead of mentioning the inputs, you have requested to close your query which shows that in actual you do not have the inputs.You were not serious in raising this query rather it was just for FUN. My advise is that If you have sufficient time, its fine,but please do not waste others' time in future.
Thanks,
BS kalsi
6th August 2014 From India, Mumbai
Dear Priya,
I fully agree with the comments of Mr. B.K.Kalsi. It appears that you are not serious about your query. If you want or anybody want any reply or suggestions that, they must give their input in proper way (and not on assumption or if happens etc )so that the experts can give their opinion in a right way rather than wasting the time at both sides. Please take care in future before you raise any query This is written in the interest of mutual advantages but not on the intention to hurt any body.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
6th August 2014 From India, Bidar
Yes,

immediately what have you done on that issue....

1. Fir recorded. Or not.

There is one sufficient act is existing in india to cover all the building and other construction workers. Since2006... Any construction or building worker dies due to accident at workplace willl be given 2 lakh rupees by the andhrapradesh building and other construction workers welfare board. Hyderabad..

Now it was relaxed that any registerd building worker dies not only in work place or any where can be given the above amount to the bereaved family. Ths bocw act now in existence not only in a.p but also in tamilnadu and kerala and some north states also.

In the above incident the accidental death occred due to lapse of safety measures sufficently. So the building contractor or mastry as well as the owner of the building will be held responsible for the death of the worker.

Take the advise of the near by labour dept. Officials to help the poor demised bui;lding worker. There is even eligiblity is given to the died building worker unregisterd by the labour dept. Also.

Take pains to help the poor.
14th August 2014 From India, Nellore
Every building and construction worker
either he or she is a coolie on daily basis or, mastry, thaapi worker or painter, plumber, electrician ., supervisor.. Like that around 32 to 60 category of workers working in the constuctin field on temporary or daily basis.
My advise is that before inviting to the work let you confirm that all the construction workers are registered under b.o.c.w. Act. And provided with identyty cards issued by state govt labourdepartment not by trade union photo identity
c ards. Take care in this matter if any un wanted thing happens the govt. Will give benifits to the workers.
14th August 2014 From India, Nellore
Mr Gannahope: I feel that one should become member in Andhra Pradesh Construction and other workers welfare board to claim the benefit. 2) If you see that compensation claim form, it is to be forwarded by contractor/owner, owning the engagement of labour for their work. 3) Hence, I doubt that, the present case may not fall under that category. Only civil case is possible.
15th August 2014 From India, Nellore
All friends so far contributed to this thread,

Let's first ignore the silence of the questioner for this is an isolated case of fatal accident arising out of a casual engagement for personal service. Coming to the legal implications which I attempted actually to cull out thru some pertinent questions, I am of the opinion that the questioner is not legally liable to compensate the legal heirs of the unfortunate victim either under the Employees Compensation Act,1923 or any other Law if my presumption that the questioner is the owner-cum-dweller of the apartment or house is correct. To support my above view, I quote the observations of the Supreme Court in LAKSHMINARAYANA SHETTY v. SHANTHA [ 2002( III ) LLJ - 523 ], an identical case to the point as hereunder: " Work of painting the house was apparently a contract between the house owner and the painter. Claim for compensation in respect of deceased who unfortunately fell down and died while engaged in the work of painting the house does not fall within the four corners of the Workmen's Compensation Act and therefore, the decision of the High Court allowing the claim was incorrect."
20th August 2014 From India, Salem
I wish to share here my opinion about Mr. Umakanthan's contribution to various labour-law related queries are simply superb ! Having worked on the other side of corporates - ie the government side, his clarifications and guidelines are great.
Perhaps we can organise Seminars or Workshops where Mr. Umakanthan can give guidance on various laws and their interpretation in the modern day industrial environment !
Great going sir ! Please continue your contribution.
21st August 2014 From India
The suggestion to organise a workshop as suggested by N.K. SUNDARAM
SOFT SKILL TRAINER / CONTENT DEVELOPER / HR CONSULTANT requesting Umakanthan.M
Additional Commissioner of Labour (RTD) is welcome. It is much useful for those who handle labour cases voluntarily. There are very very less people who do voluntary service for implementation of labour laws. On the other side, there are very, very less advocates to handle labour cases, since, it is not much lucrative. Further, labour is fighting for their daily bread and can not afford any substantial payments. Hence, guidance through workshop is a great help.
21st August 2014 From India, Nellore
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