In a land-mark judgment, the Delhi High Court has upheld the position that widow/family of casual worker, who dies while on work, is eligible for compensation as Workman’s Compensation Act’(WCA).
The employer had challenged the order of the Commissioner of WCA stating that the worker was not his employee and he had been engaged by a contractor for repair work.
Upholding the Commissioner’s order, High Court stated that even if a worker is engaged by the contractor for work in the premises of a third party, the latter would be considered as Principal Employer, not the contractor, and the worker would be qualified to be his workman.
The widow was granted Rs. 2.63 lakh as compensation in this case.
The High Court judgment is a clear reply to the BSNL management who takes the stand that it is not the Principal Employer of the worker engaged by the contractor.
Dear Comrade,
If possible please give case number and date of the court verdict
so that compensations may be claimed by the heiress of dependants of the deceased casual employees. There is one court case going at Guwahati, where the BSNL has disowned the responsibility, even to offer casual appointment to the widow of a casual mazdoor, who was selected for receiving TSM status, but had expired before receiving the appointment letter. The verdict of Delhi High Court may help the concerned widow of the Casual Mazdoor of Assam, to win the case.
Please help us.
Yours Fraternally,
Sankar Kumar Das.
Dear Comrade,
I will try to get a copy of the same and send it.
in drdo so many contract employes are there working from 20 years they are not getting permanent & insulting contract employes by officers,permanent employes ,when this system change
The change will not come automatically.We have to work hard for bringing the change.
we are working hard but, not getting recognised.and one thing we are not having any contractor, lab is paying our payments as every month job contract work consolidated pay.wether we can go to court for judgement
Please send all the details to me by post for taking up the case.
please leave a comment sir
Please send the details to me as suggested already by me.