Umakanthan53
Labour Law & Hr Consultant
Bharat Gera
Principal Hr Consultant
RAMU-HR
Deputy Manager-hr

Respected seniors,
This Ramu working as DM-HR in manufacturing unit. My query is that one our employee died while on duty due to heart attack, is it required to intimate to Factories department authorities?. The person is Manager cadre and above in ESI coverage limits.. We have paid gratuity considering his service up to retirement.
Is this case applicable for any compensation under Employees compensation Act?
Kindly advise me
Regards
Ramu
20th September 2017 From India, Vijayawada
Dear Ramu,
Though the unhappy incident described in your post evokes pity and your earnest attempt to help the family of the deceased deserves the appreciation of this forum, yet I am constrained to submit that how the applicability of the ESI Act,1948 stands subject to certain conditions, thus the applicability of the Employees Compensation Act,1923 is subject to the specified capacity of the employment of the person seeking relief under the Act.
In this connection, you may refer to the provisions of Sec.2(i)(dd) of the Act which defines the term " employee " for the purposes of this social security legislation.
The definition u/s 2(1)(dd) of the Act is divided into three parts - parts (i) and (ii) specifying the persons by designation whereas part (iii) by the capacity of employment as listed in Schedule II of the Act. If you make a perspicacious analysis of the enumerated list, you will realize that employment in administrative or managerial capacity is not there. You have to note that this list is not illustrative but exhaustive.
Therefore, this case is not suitable for claiming compensation under the Act.
20th September 2017 From India, Salem
Thank you very much sir for your valuable guidance
21st September 2017 From India, Vijayawada
Yes this incident also should be informed to the Office of the Inspector of Factories of the area. As he was employed and was working in the factory.
Warm Regards
Bharat Gera
HR Consultant
28th September 2017 From India, Thane
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