Inspite of valid agreement,Occupier / Factory Manager of the Factory is liable to be interrogated and many other irrelevant problems and enquiry by the Invesigating Officer. Suppose if the any cause / action of the factory Operation becomes a reason for casualty of NGO worker then automatically Factory Management would be vicariously liable.
At last make sure that all person of NGO must be coverage of Insurance or ESI. They must be having properly head counted while entering or exit in premises.
Before concluding on the above, we have to go through the definition of "employees" as defined in section 2(9) and "wages" section 2(22) of the ESIC Act.
As narrated by Sh Deep Chand Advocate, the work is being done by a NGO without remunerations on volunteer basis but within the factory premises having valid agreement document. Now, when the volunteer of NGO do not get any remuneration from the factory and do not fall within both the above definitions, how responsibility for untoward incident lies on the factory legally.
However, morally if such incident happened in the factory, one can be questioned as witness but in my opinion, no financial implications can falls on the shoulders of the company under WC.
P K Sharma
So, the safety, compensation and other regulations apply as much to the ngo worker as to the direct worker. You can not escape liability. In fact the fact that these people are not paid, etc will create further problems. This whole procedure should be stopped