Harsh Kumar Mehta
Consultant In Labour Laws/hr
2. Kindly see section 53 of ESI Act , 1948 which specifically bars claims of employees for claiming of benefits under WCA (now ECA) "in respect of an employment injury sustained by the insured person as an employee under this Act"
3. Kindly also see the decision of Hon'ble Supreme Court in the case: A.Trehan vs. Associated Agencies AIR 1996,SC,1990. Therefore, those employees getting wages exceeding to Rs.15000/- and falling under schedule II of ECA, 1923 are entitled for compensation under said EC Act, 1923.
27th June 2015 From India, Noida
AS the company is covered under the ESIC, the employees covered under ESIC do not come under the purview of Workmen Compensation act. However, the employees out of the ESIC coverage automatically fall under the workman compensation act. It is better to get a group accidental policy for such employees to be on safer side.
29th June 2015 From India, Faridabad
It is one thing to implement the law and another to do what is right.it is important to believe that in the event of an accident in the person the management should come forward to help the victim irrespective of the laws nd HR should ensure this.
30th June 2015 From India, Bangalore
2nd July 2015 From India, Pune
if the employee is not cover under esi act (exempt from esi) in such cases there is involvement of WCA Either company is coverd under the act or not b'cos acoording to low any worksman has been injured or dead by contengency happnings then WCA act against the employer,
when i worked with bhushan steel limited at taht time one our employee was injured and got death due the fire
how ever he was exempt from esi but WCA case against the company for pay the wages and provide the insurance to dependents
2nd July 2015 From India