Employer Liability in Tragic Employee Death Abroad: Does Workmen's Compensation Apply?

Dear Friends,

In one of the companies (total employees, including executives, are nine), two employees (they are probationers, and only 3 months have been completed from the date of joining) have been sent for training to Singapore at one of the sister concern's plants. On a weekend holiday after dinner, while sleeping at night, one of the trainees passed away due to cardiac (heart) arrest. The initial report from the Singapore Police also stated the same: natural death due to heart failure. Now, the question arises: is the employer liable under the Workmen's Compensation Act? Please advise.

Dear Friends,

In one of the companies (total employees including executives are nine), two employees (they are probationers, only 3 months have been completed from the date of joining) have been sent for training to Singapore at one of the sister concern's plants. On a weekend holiday after dinner, while sleeping at night, one of the trainees passed away due to cardiac (heart) arrest. The initial report from the Singapore Police also stated the same - a natural death due to heart failure. Now the question arises: is the employer liable under the Workmen's Compensation Act? Please advise.

Dear Mr. Laksminarasimman,

In natural death, there should be proof of stress and strain due to work conditions and during the course of employment. There is a case of Jyothi Ademma vs. Plant Engineer, Nellore Thermal Power Station, Nellore, in which her stand was that her husband died due to stress and strain. She filed an application before the Commissioner of Workmen's Compensation for compensation of Rs. 100,000, and the Commissioner awarded Rs. 61,236. The respondent Plant Engineer filed an appeal at Andhra High Court. The court found that the nature of the jobs which the deceased workman was doing could not have caused any stress and strain. Therefore, the death due to a heart attack cannot be said to have been caused by any accident arising out of and in the course of his employment. Against this order, the appellant filed a petition in the Honorable Supreme Court, which was not allowed by the court.

For reference, please refer to Case No. Appeal (civil) 6201 of 2004, Judgment Date 11.07.2006, before you take any decision.

If you need a copy of the judgment, please call me at 9935233779.

Regards,

Sant Shukla

Dear Friend,

First of all, we have to see whether the deceased employee comes under the definition of a Worker as per the Workers' Compensation (WC) Act; only then does the WC Act apply. In this case, the trainee is working as an executive and should not be referred to as a Worker.

Regards