Saswatabanerjee
Partner - Risk Management
Harsh Kumar Mehta
Consultant In Labour Laws/hr
N.Mohan
Hr Professional
Korgaonkar K A
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Dear Sir,
Now the Construction workers are also covered under the provisions of ESI Act. They are also covered under Bocw Act. They are paying contribution under both the Acts.Can they or their nominee claim the benefit under both the Acts for the same cause ?
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Dear Mr.Korgaonkar,
As suggested,I have gone through your posting. Very interesting and valuable discussion between Mr. Harsha Kumar and your self. Construction Industry has every ingredient to be fully considered under Factories Act. In fact, Authorities under Inspector of Factories are empowered with the certain sections, more particularly safety, under BOCW Act.
Coming to my main query, I could not get the answer in the said posting as my query is whether he can avail the benefits under two act for the same cause. The reason for my query is the covered worker is contributing in both the Acts.
Dear N.Mohan ji,
Answer to your query is there in below given quote in the said link.
Construction worker will be contributing towards two different schemes under two different enactments with different objects and different benefits under different conditions. Therefore, the construction worker can avail the benefits under both the schemes.
Esic is related to medical facility and reimbursement of medical cost to workers.
A secondary facility is insurance (of a small amount)
And payment for sick leave of workers.
BOCW act has nothing to do with medical insurance.
So where do you see the overlap / duel claim
Dear Mr.Saswata Banerjee,
I am Talking about Cash Benefits and not direct Medical Benefits. Because under both the acts there is a provision for financial assistance towards Hospitalization, disablement, dependent, funeral expenses, Maternity etc. My query is whether the insured/registered worker can avail the benefits ( Cash benefits) under both the acts for the same cause.
1. Sir, by virtue of provisions contained under sections 53 and 61 of ESI Act, 1948, the construction workers, who are covered or coverable under said Act will not be entitled to receive similar benefits under BOCW Act, 1996.

2. However, there is no decision regarding payment of cess under BOCW Act by the Builder/Employer in cases where ESI Act is made applicable. The Builder/employer of so called construction sites will be required, in present situation, to pay cess under BOCW Act ( perhaps it is around 1% of total cost of construction) as well as to pay employers' share of contribution @ 4.75 of wages of coverable employees under ESI Act. What will be the reaction of Builders' Associations / Organisations is to be watched.

3. In addition, the Building Workers are also required to contribute to the Welfare Board established under BOCW Act some contribution (Section 16). Under ESI Act, 1948 also the said building worker is required to contribute 1.75% of their wages as contribution. It is doubtful, whether the trade unions will accept such situation. It appears to me that the decision of ESIC vide their said circular dated 31/7/2015 to cover workers in construction sites is pre-mature and has been taken without considering the provisions of BOCW Act 1996.
Dear Harsh Kumar ji,
I respect your views. But my views are different than you.
There are no similar benefits under both the enactments. Both the enactments are having different objective, which I said earlier also. I have also said earlier that there was no exclusion of construction site from ESIS but due to peculiar nature of employment and work place, enforcement of ESIS to construction workers was not possible up till now.
I do not feel that any trade union will oppose ESI Scheme to construction workers. On the contrary, in last week only, Tamil Nadu All India Trade Union Congress Construction and Unorganized Workers’ Union staged a demonstration in Vellure for implementation of ESI and PF schemes for the construction workers.
Another point is to be noted that construction is unorganized sector and hardly any union is active in this sector. Therefore there is no chance to oppose the ESI Scheme.
Dear Korgaonkar ji, thanks for your views. I feel, that your views and experience is very wide, exhaustive and practical. However, let us see as to what will be the reaction of the affected employers or employees.
Dear Harsh Kumar ji,

I am pleased to read your kind words about me but I don't feel so about it. I am a learner.

I am not saying that there will not be reaction of the affected employers and employees. But what they can do? This is the law.

When PF was made applicable even on working one day also in the year 1990 or on lifting the stay of HC Mumbai Nagpur Bench in February 2006, the construction employers as well the employees both were reluctant to follow the change. Even today also, they both are reluctant at large. Therefore the fact is that the Act is not followed many places. If followed, then to the minimum extent. There is huge manipulation in record to keep the social security cost at minimum.

I have seen many employers they do not know even the law. But every thing is smooth for them.

Same thing will happen here,too. More manipulation, more setting. But ESI is some how more strict than PF and every one has to keep in mind that construction is accident prone industry. (That is the reason, ESIS was kept out till time here by the Corporation.)

Thanks for inviting me to write all this things. This writing brought more clarity in my mind. This is a rehearsal for me before I talk with some one from tomorrow onwards.
"Same thing will happen here,too." It is said rightly.
Some one should find out answers to following questions through RTI:
1. How many IOD are issued during past three years?
2. What is the cost of projects of which IOD is issued during past three years?
2. How many RC issued in the name of PE or owners under BOCW Act during past three years?
3. How many RC issued in the name of PE or owners under CLRA Act during past three years?
4. How many PE or owners have paid Cess under BOCW Act and what amount during past three year?
5. How many Contract Labours are enlisted in total RC issued during past three years?
6. How many Construction Workers are enlisted in total RC under BOCW Act issued during past three years?
7. How many Beneficiaries are registered under the BOCW Act during past three years?
8. How many Construction Workers are enrolled under PF?
You will be surprised on receipt of the details. You will come to know what and how is going on in construction industry.......
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