Contract Employee (Security Guard) Injury On Duty

Dear All/Seniors,

In our company, we have security guards on the contractor's payroll. One of the security guards suffered a severe injury while opening the gate. The iron gate broke and fell on him, resulting in a very severe injury. In this case, who is directly responsible, the principal employer, or the contractor? Please advise on the same.

With regards,
Habil Simon Lakra

Does the ESI Act apply to the place where the security guard worked and where the accident took place? If so, was the ESI contribution recovered from the security guard?

The gate did not fall while being installed by the contractor. Quite obviously, the same has been installed earlier and handed over to the employer in a satisfactory condition. So, the gate belongs to the employer. However, the employer cannot be blamed for the happening. It appears to be an accident and must be treated as such! The employer is duty-bound to look after his employee, which I am sure he will do. Let us not, in the name of Labour Welfare, start witch-hunting!

Good luck.

Since Habil writes that the injury is severe, Harikrishnan's query seems to be to the point. If insured, he will be taken care of by the corporation with all the due provisions.

Arun Dixit
9420 69 6660
020 2437 6185

Dear Habil,

Although you have classified your question under the title of "safety and health of employees," your question, "who is directly responsible," is not clear with what respect you have asked about the responsibility, whether for the purpose of compensating the injured worker or the health hazards of the worker.

In fact, there are two different aspects of the case, i.e., (1) liability/responsibility for the purpose of compensating the worker under the provisions of the Workmen's Compensation Act, or (2) responsibility for the safety and health of the workers.

For compensation purposes, the contractor employer is responsible for payment under the WC Act, or as per the provisions of the agreement entered into with the principal if the principal employer has to bear the cost.

Regarding the responsibility for the safety and health of the worker, as the premises belong to the principal, it is the direct responsibility of the principal employer to maintain it well. Even if there is any laxity on the part of the principal employer, such as failing to maintain the building gate properly, which is part of his working premises, a criminal case can be registered by the police against the principal employer for negligence that caused serious injury to the worker.

However, if we consider ethical and moral grounds, the principal employer must take all steps, including necessary expenses, to compensate the contract worker and ensure his swift recovery.

Please confirm whether they are covered under ESI. If ESI is not applicable, confirm whether they are covered under WC. If covered under either of these, the principal employer is not responsible. The contractor has to provide treatment, provided the employer and contractor have checked the applicability of the clause.

Employer is most responsible in this case due to improper maintenance of the gate. There was no regular inspection conducted for the gate, and proper training was not provided for installing the gate in difficult situations. Etc... .....

Thank you!