MY Father Is Death On His Watchman Duty How Can I Keep A Complaint Up On The Factory? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Rdsyadav
Educator, Management Consultant & Trainer
V.D.PATEL
Consultant
Nathrao
Insolvency N Gst Professional
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg
Brijendra_Singh
Hr & Admin Manager
Syed Vali
Technician

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dear sir,
my father is doing a job like a night watchman,he is dead on duty,but that the factorie mangement did"nt gave to us any compensation how can i claim that,to whom can i contact,there no labour laywers in my town and some lawyers r saying we don"t no that acts..what can i do..how can i claim it..

Was your father a regular employee of the company/factory?
What did he die off?
Which town are you from?
Our condolences on death of your father.
Please give full details so that learned members can help you with proper answers.

Your place is probably near Guntur district of AP. Approach labour authorities in Guntur for redressal.
Dear Syed Vali,
My heart felt condolence to you and your family members. May Allah give you strength to bear this loss.
Dear Natharao,
May I ask you-
1. is ESI Act or EC Act distinguish regular employee and non-regular employee?
2. death while on duty, how it affects as to what did employee die off?

""death while on duty, how it affects as to what did employee die off?"" Kindly refer Chapter 11 EC Act 1923,Sec3 This describes Employer liability and reasons where employer is not liable.
Dear Nathrao,
It is chapter II and not chapter 11.
The section 3 describes that employer is not liable in certain cases as you said but there is an important wording - "not resulting in death or permanent total disablement", to my knowledge.
I am writing this without referring the section right now and hope, I am not wrong. If I am wrong, please correct me.

What you have written is correct.
But reading of this court decision The Managing Director vs Smt.Subbulakshmi on 8 April, 2011 though it went in favour of worker family may give cause to employer to contest the claim.
Therefore I wanted to check on more details to understand the case fully.
""my father is doing a job like a night watchman""
This sentence does not give a clue whether he was a direct factory employee or contractors employee.

I would request some of our learned friends who are located close/nearby Syed's place to guide him, if possible. May be the local jurisdictional court has a Free Legal cell whose assistance could be utilised in this case.
Dear friends,I suggest to handle it in a more polite way.Build uo documentary records in process.
Please write an application as a son , submit or send by Regd. post asking factory management to square up dues due to families including earned wages, leave salary and other receivable that nominees are entitled on completion of certain formalities. My advice is to reach first company requesting for dues.In the meantime, get father's PF and ESI nos and cards etc, make arrangement of Death Certificate and succession certificate as well .Its likely that you will get almost all due and payable money to the nominees.
My condolence to family members!!!Pray ALMIGHTY TO give you and family members strength to bear the loss and departed soul rest in peace.
RDS Yadav
Management Adviser and Trainer
Director-Future Institute of Management and Technology

Can anyone please clarify the following:-
1. Is the company liable to pay the security watchman compensation, if the watchmen has been hired by the security agency which has the direct employment clause and the watchman continues to be the employee of the security agency and not the company where he is performing his duties. The security agency is also responsible for payment of salary/wages including any allowances, as per the contract.
2. Responsibilities of both the Company and the Security agency towards the security personnel deployed in the factory premises.


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