+
Workers in construction over one storey in employees compensation act
ECONOMY & POLICY

Workers in construction over one storey in employees compensation act

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)

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)

Next Story
Real Estate

Adani begins construction of Dharavi rehabilitation homes

Construction of rehabilitation homes for eligible Dharavi residents has commenced at the 22-acre Matunga railway site, following a Bhoomi Poojan ceremony performed by Pranav Adani, Director, Adani Enterprises (AEL). The project, being implemented by Adani Navbharat Developers (ANDPL), envisages 10 towers comprising 10,432 rehabilitation apartments and 1,379 commercial and industrial units.Under the in-situ rehabilitation scheme, eligible residents will receive homes measuring 350 sq ft. Residents from Sectors 6 and 1 will be accommodated at Matunga first, followed by nearly 4,500 apartments fo..

Next Story
Real Estate

Adani begins construction of Dharavi rehabilitation homes

Construction of rehabilitation homes for eligible Dharavi residents has commenced at the 22-acre Matunga railway site, following a Bhoomi Poojan ceremony performed by Pranav Adani, Director, Adani Enterprises (AEL). The project, being implemented by Adani Navbharat Developers (ANDPL), envisages 10 towers comprising 10,432 rehabilitation apartments and 1,379 commercial and industrial units.Under the in-situ rehabilitation scheme, eligible residents will receive homes measuring 350 sq ft. Residents from Sectors 6 and 1 will be accommodated at Matunga first, followed by nearly 4,500 apartments fo..

Next Story
Equipment

Seven Propel 470 HEV electric tippers go to work on coal haulage in Chhattisgarh

Propel EV, the electric mobility division of Propel Industries and India's No. 1 electric tipper brand, has deployed seven 470 HEV electric trucks with a leading coal-haulage contractor at one of India's largest opencast coal mines in Chhattisgarh. The trucks are in daily operation, moving coal on continuous haul cycles in one of the most demanding applications in Indian mining.Why Electric - and Why CoalCoal haulage runs round the clock: heavy loads, long haul cycles, steep ramps and abrasive dust. It is also where diesel hurts most. Engines run continuously, fuel is the largest single operat..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

SPECIAL OFFER
QR Code