Dear Friends
While doing the erection work in our Construction Site an accident took place and next day the injured died in hospital.
Normally in Andhra Pradesh I used to give the intimation to Joint Commissioner of Labour and further they will calculate the compensation amount to be paid to the family of Deceased in intimate the same to us. If we make the payment then our part will be over.
Whereas in Gujarat, we have to submit the Accident Investigation Report in Form 18 under BOCW (Gujarat) Rules 2003. We have to calculate ourselves and further we have to submit the same to Labour Court and further Labour Court will intimate the Next of Kin to claim the compensation from them. Then we have to issue a NOC to the family of Deceased that we do not have any objection to make the payment to the Family members of Deceased. The amount can be claimed only by engaging a lawyer and without a lawyer they cannot claim it.
My Question is,
Why our rules are differing from State to State?
Why are we not adopting a single code of practice?
Once the Central Government has made the concerned Acts and Rules, what is the purpose of making the State Act and State Rules, which makes further complication for those strictly following the rules:-
What is the requirement for one job, 2 registrations (Registration of Establishment under BOCW Act and CL Act) and 2 licenses (CL Act & Inter State Migrant Workers Act) and n number of acts and rules?
As we are having covered with uncountable acts and rules (Contract Labour Act, Rule (State & Central), Payment of Wages Act, Minimum Wages Act, Payment of Bonus Act, Payment of Gratuity Act, Equal Remuneration Act, Workmen Compensation Act, Rules, BOCW Act, BOCW Rules, BOCW Welfare Cess Act, BOCW Welfare Cess Rules, Industrial Dispute Act, ID Rules, Maternity Benefit Act, Industrial Employment Act, rules, Trade Union Act, Factories Act, Rules, Shops and Commercial Establishment Act, Mines Act, Fatal Accident Act, etc., etc., etc.,……………………………………..) we can get fixed by anyone at anytime even if we maintain all the registers, forms, welfare amenities and other statutory requirement as required by any act (for the purpose of extraction of something), What is the real remedy we have with us?
What can be the remedy for these issues.
May I expect our learned members comments / remarks
While doing the erection work in our Construction Site an accident took place and next day the injured died in hospital.
Normally in Andhra Pradesh I used to give the intimation to Joint Commissioner of Labour and further they will calculate the compensation amount to be paid to the family of Deceased in intimate the same to us. If we make the payment then our part will be over.
Whereas in Gujarat, we have to submit the Accident Investigation Report in Form 18 under BOCW (Gujarat) Rules 2003. We have to calculate ourselves and further we have to submit the same to Labour Court and further Labour Court will intimate the Next of Kin to claim the compensation from them. Then we have to issue a NOC to the family of Deceased that we do not have any objection to make the payment to the Family members of Deceased. The amount can be claimed only by engaging a lawyer and without a lawyer they cannot claim it.
My Question is,
Why our rules are differing from State to State?
Why are we not adopting a single code of practice?
Once the Central Government has made the concerned Acts and Rules, what is the purpose of making the State Act and State Rules, which makes further complication for those strictly following the rules:-
What is the requirement for one job, 2 registrations (Registration of Establishment under BOCW Act and CL Act) and 2 licenses (CL Act & Inter State Migrant Workers Act) and n number of acts and rules?
As we are having covered with uncountable acts and rules (Contract Labour Act, Rule (State & Central), Payment of Wages Act, Minimum Wages Act, Payment of Bonus Act, Payment of Gratuity Act, Equal Remuneration Act, Workmen Compensation Act, Rules, BOCW Act, BOCW Rules, BOCW Welfare Cess Act, BOCW Welfare Cess Rules, Industrial Dispute Act, ID Rules, Maternity Benefit Act, Industrial Employment Act, rules, Trade Union Act, Factories Act, Rules, Shops and Commercial Establishment Act, Mines Act, Fatal Accident Act, etc., etc., etc.,……………………………………..) we can get fixed by anyone at anytime even if we maintain all the registers, forms, welfare amenities and other statutory requirement as required by any act (for the purpose of extraction of something), What is the real remedy we have with us?
What can be the remedy for these issues.
May I expect our learned members comments / remarks