Workers in construction over one storey in employees compensation act

27 Nov 2024 CW Team

The Allahabad High Court has ruled that individuals engaged in the construction, maintenance, repair, or demolition of buildings higher than one storey are considered employees under the Employees Compensation Act, 1923. The case involved the widow of a worker who fell from the third floor of a building while performing wall painting and repair tasks, sustaining fatal injuries. She sought compensation and interest under Section 3 of the Act from both the contractor who employed her husband and the building owner. However, the Employees Compensation Commissioner had rejected her claim, citing the absence of an employer-employee relationship. Challenging this decision, the appellant argued that the contractor had admitted to hiring the deceased, and this admission was accepted by the Commissioner, making the rejection of the claim erroneous. Justice Vipin Chandra Dixit referred to Section 2(dd) of the Act, which includes within its scope any person employed in a capacity described in Schedule II. Specifically, Para (viii) of Schedule II defines employees as those engaged in construction, maintenance, repair, or demolition work on buildings taller than one storey. The Court noted that the deceased, while performing work under employment, fell and suffered fatal injuries, qualifying him as an employee under the Act. It concluded that compensation was warranted and allowed the widow’s appeal. Case Title: Seema Devi v. Vimal Jain and Another [First Appeal From Order No. 1596 of 2022]. (Livelaw)

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