Part Time Labour Died Due To Fall And Now What Are Legal Consequences

Every building and construction worker
either he or she is a coolie on daily basis or, mastry, thaapi worker or painter, plumber, electrician ., supervisor.. Like that around 32 to 60 category of workers working in the constuctin field on temporary or daily basis.
My advise is that before inviting to the work let you confirm that all the construction workers are registered under b.o.c.w. Act. And provided with identyty cards issued by state govt labourdepartment not by trade union photo identity
c ards. Take care in this matter if any un wanted thing happens the govt. Will give benifits to the workers.

Mr Gannahope: I feel that one should become member in Andhra Pradesh Construction and other workers welfare board to claim the benefit. 2) If you see that compensation claim form, it is to be forwarded by contractor/owner, owning the engagement of labour for their work. 3) Hence, I doubt that, the present case may not fall under that category. Only civil case is possible.

All friends so far contributed to this thread,

Let's first ignore the silence of the questioner for this is an isolated case of fatal accident arising out of a casual engagement for personal service. Coming to the legal implications which I attempted actually to cull out thru some pertinent questions, I am of the opinion that the questioner is not legally liable to compensate the legal heirs of the unfortunate victim either under the Employees Compensation Act,1923 or any other Law if my presumption that the questioner is the owner-cum-dweller of the apartment or house is correct. To support my above view, I quote the observations of the Supreme Court in LAKSHMINARAYANA SHETTY v. SHANTHA [ 2002( III ) LLJ - 523 ], an identical case to the point as hereunder: " Work of painting the house was apparently a contract between the house owner and the painter. Claim for compensation in respect of deceased who unfortunately fell down and died while engaged in the work of painting the house does not fall within the four corners of the Workmen's Compensation Act and therefore, the decision of the High Court allowing the claim was incorrect."

I wish to share here my opinion about Mr. Umakanthan's contribution to various labour-law related queries are simply superb ! Having worked on the other side of corporates - ie the government side, his clarifications and guidelines are great.
Perhaps we can organise Seminars or Workshops where Mr. Umakanthan can give guidance on various laws and their interpretation in the modern day industrial environment !
Great going sir ! Please continue your contribution.

The suggestion to organise a workshop as suggested by N.K. SUNDARAM
SOFT SKILL TRAINER / CONTENT DEVELOPER / HR CONSULTANT requesting Umakanthan.M
Additional Commissioner of Labour (RTD) is welcome. It is much useful for those who handle labour cases voluntarily. There are very very less people who do voluntary service for implementation of labour laws. On the other side, there are very, very less advocates to handle labour cases, since, it is not much lucrative. Further, labour is fighting for their daily bread and can not afford any substantial payments. Hence, guidance through workshop is a great help.